Whether you walk into a business, a public building, or even someone else’s residence, the property owner has an obligation to keep the premises safe, secure, and free of the risk of injury. Unfortunately, it’s all too common on the news to hear about a person who suffered a serious, and sometimes fatal, injury after slipping and falling while on someone’s property.
Depending on the injury, victims of a slip-and-fall accident may have to contend with significant life changes. In addition to potentially steep medical expenses, your future earning income could be impacted, and you will likely suffer the emotional pain that comes along with any serious injury. It’s not surprising that any victim in this situation would search for an opportunity to hold the right person accountable and seek compensation.
Fortunately, anyone who finds themselves in this situation does not have to go through the process alone. At Pollack, Pollack, Isaac & DeCicco, LLP, our experienced team can guide you through the difficult process of filing your claim, gathering evidence, and providing proper representation to effectively fight your case. To learn more about your legal options, call us at 800-223-2814 for a free case evaluation.
Under New York law, all commercial property owners have a legal responsibility to keep their premises safe, secure, and free of any potential hazards. This is referred to as a “duty of care,” and before you file your premises liability claim, it’s important to understand the details of this law. While the duty of care applies to all business owners, it doesn’t necessarily apply to private property owners. For these individuals, everyone who visits their property falls under these three categories:
A victim who receives a severe injury because a property owner failed to maintain safe conditions, or failed to warn of dangerous conditions, may be able to file a premises liability lawsuit and seek to recover damages. There are many possible issues with a property that can lead to a premises liability lawsuit, including:
New York City is known for its diversity, excitement, and cultural importance. With so many buildings and buildings under construction throughout all five boroughs of New York City, the public is at great risk when property owners are negligent in the maintenance of their properties. Unfortunately, this negligence can cause many serious injuries. Some of the most common injuries in a premises liability case can include:
There’s no question that some of the injuries you can receive due to the negligence of a property owner can have significant and long-lasting repercussions on your life. In premises liability cases, the damages you may be able to recover are divided into two groups: “economic” and “non-economic.” Economic damages can include:
Economic damages are quantifiable and must be specifically proven by you in court. Oftentimes, the courts will review previous tax records and other financial information to determine the extent of these damages. Non-economic damages, however, are a little more difficult to pin down. These include:
Of course, no amount of money will ever be able to undo the effect that a serious bodily injury can have on your livelihood. Because it can’t be quantified, the damages recovered for emotional suffering can only be determined by a jury.
It must be clearly shown that the property owner had a duty of care to you that was breached, and that this breach was the cause of your injuries. A seasoned NYC premises liability attorney will be able to help you by gathering evidence, investigating the accident site, and navigating the legal landscape of New York’s premises liability laws, to ensure your case receives the support it deserves.
The defendants in your case will often do whatever they can to offer you a settlement out of court that is significantly lower than what you deserve. They might argue that there was no negligence, or that the injured victim was trespassing on their property. The state of New York is similar to many other states in that it has “comparative negligence.” Comparative negligence means that the plaintiff, if found to have contributed in any way to the accident, will have his or her jury award reduced by the percentage of fault.
For example, if you slipped and fell on a wet floor in a department store, but you ignored the warning sign, you could be found partly liable for your accident. You will still receive financial compensation for your injuries, but at a reduced amount.
*Prior results do not guarantee a similar outcome in your case.
We understand the difficulty in adapting to the long-lasting consequences of your fall while trying to recover your damages in the courtroom. That’s where we can help. At Pollack, Pollack, Isaac & DeCicco, LLP, our team can take the weight off your shoulders. You need strong and effective legal representation to receive the financial compensation you need so you can get back on the path towards healing. To learn more about how Pollack, Pollack, Isaac & DeCicco, LLP can help you, call our office at 800-223-2814 or contact us online.
Helping Injured Victims in New York and New Jersey Since 2004
CONSTRUCTION WORKER FALLS ON HEAD FROM SCISSOR LIFT
PASSENGER STRUCK BY MTA BUS DOOR
MTA BUS ACCIDENT RESULTS IN LEG FRACTURE
PASSENGER INJURED IN VEHICLE
PEDESTRIAN HIT BY CAR
FAILURE TO PROPERLY MONITOR PATIENT DURING PROCEDURE
TRIP & FALL ACCIDENT DUE TO CITY NEGLIGENCE
PEDESTRIAN STRUCK BY BUS
PEDESTRIAN STRUCK BY FORKLIFT
REAR-END ACCIDENT RESULTS IN KNEE SURGERY
SINGLE CAR ACCIDENT DUE TO OPEN MANHOLE
REAR-END CAR ACCIDENT
CONSTRUCTION WORKER SCAFFOLD FALL
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