Many people get seriously injured every year in Brooklyn on another’s property because of the negligence of property owners, managers, or occupiers. Premises liability law requires all owners, managers, and occupiers to maintain their property and ensure they are free of both obvious and potential dangers.
If you or someone you love was injured on someone else’s property in Brooklyn, you may have a right to financial compensation. You should consult with a committed Brooklyn premises liability lawyer to ensure you get the compensation and justice you deserve.
Many people get seriously injured every year in Brooklyn on another’s property because of the negligence of property owners, managers, or occupiers. Premises liability law requires all owners, managers, and occupiers to maintain their property and ensure they are free of both obvious and potential dangers.
If you or someone you love was injured on someone else’s property in Brooklyn, you may have a right to financial compensation. You should consult with a committed Brooklyn premises liability lawyer to ensure you get the compensation and justice you deserve.
What are Premises Liability Laws in Brooklyn?
Premises liability laws hold negligent property owners responsible if someone else gets injured on their property. In Brooklyn, NY all property owners and occupiers owe a duty of care towards guests and visitors. Every property owner, manager, and occupier have the legal duty to ensure their property is reasonably free from obvious and potential hazards.
Property owners also have a legal duty of warning guests and visitors on their property about any known dangers. For instance, the store manager is required to post a sign warning about the wet floor if it cannot be cleaned up immediately. There are certain legal elements that you need to prove to get compensation for your damages.
It may seem simple to prove a premises liability lawsuit, but things can be challenging without help from a Brooklyn premise liability lawyer. This is someone who has been down the legal corridors before and knows how to deal with the threats that have befuddled other attorneys.
For instance and moreover, the property owner’s duty of care can differ depending on the reason you were on the property. Business owners are usually held to a higher standard since the invitees or customers are there for the business’ benefit.
These property owners have a legal duty to inspect the premises regularly for dangers. They are also supposed to warn others of the hazards or repair them. In New York, private property owners don’t owe their licensees or guests the same duty of care. They only need to warn the guests of the known hazards present on the property.
In essence, all property owners are required to maintain their property in a reasonably safe condition. This duty can be influenced by the costs of fixing hazards on the property, identity of the potential guests and visitors, and the probability of injury. You should speak with a Brooklyn premises liability attorney to learn more about how proving a property owner’s negligence.
Who can be Held Liable Under Brooklyn Premises Liability Law?
Premises liability law is applicable to all property owners and premises. This includes:
- Commercial property owners
- Private property owners
- Government entities responsible for maintaining public spaces and parks
- Transit companies responsible for maintaining subway stations and sidewalks
The only exception to this law is when a trespasser gets injured. Typically, you can hold a property owner negligent for an accident only when you are on the property legally. Besides, you should still speak with a Brooklyn premises liability lawyer to learn more about your available legal options.
Proving a Premises Liability Claim in Brooklyn
You won’t be automatically entitled to compensation just because you got injured when present on someone else’s property. You will need to show that the owner or the third party was negligent to establish a premises liability claim. This means you would need to prove:
- Duty of care: All property owners have a legal responsibility to maintain their property free of hazards. They owe a duty of care to keep the surroundings of the property safe and secure as well. This means the property owner or manager is required to fix any known or obvious hazards that pose a risk to guests. If not, they are supposed to warn the guests or visitors of the danger so that it can be fixed quickly. In New York, property owners have a duty of providing security if they are aware of any local criminal activity. This is especially true for commercial establishments.
- Breach of duty of care: Property owners are said to have breached the duty of care when they fail to keep the property reasonably safe. A breach may also occur when the property owner neglects to repair a known hazard or fails in cleaning up a spill. You should consult with a lawyer for slip and falls if you suffered any injury.
- Causation: To obtain compensation, you will need to prove that the owner’s actions or failure to act resulted in the injury. You will also need to show that the owner’s negligence directly contributed to the damages. Victims are required to establish that their injury would probably not have happened if the property owner had kept things safe.
- Damages: Your attorney will need to show that you suffered injuries and damages as a result of the accident. This is usually in the form of monetary losses, such as lost salaries and medical costs. Pain and suffering is also a major component of the damages suffered.
A dedicated premise liability lawyer can help you gather the necessary evidence for proving each element of the claim. You can maximize the compensation by proving all four elements.
Evidence Required to Prove Brooklyn Premises Liability Claims
An experienced premise liability lawyer Brooklyn will gather the following evidence to prove that a property owner failed to act reasonably:
- Maintenance records
- Accident reports
- Evidence of safety violations
- Reports of criminal activity
- Video or security footage
- Expert or eyewitness testimony
- Security footage
You may have the right to financial compensation after getting injured on someone else’s property. You should get in touch with seasoned premises liability attorneys to learn more.
Filing a Lawsuit if You Get Injured as a Trespasser on Someone’s Property in Brooklyn
Most premises liability claims in Brooklyn involve plaintiffs that were invited on the property as customers or guests of the defendant. With that said, there are a few cases that involve plaintiffs which are not directly or explicitly invited on the defendant’s property. If you were injured on someone else’s property, you have the right to seek financial compensation, even if you were not invited by the defendant.
These cases can be challenging, which makes it important to speak with a premises liability lawyer Brooklyn. Your attorney can help you determine whether you have a claim or not. Trespassers are uninvited visitors and are typically unwelcome. Property owners usually don’t owe a duty of care to trespassers. In some cases, the property owner may owe a duty of care to “known trespassers.”
For instance, if a property owner is aware of people cutting across the corner of the property – they become known trespassers. The property owner owes a duty of care to these people. The owner is supposed to warn the trespassers of hidden dangers and not set any traps that may harm them.
Property owners also owe a duty of care to people that are expected to show up reasonably. For instance, mail carriers, solicitors, and anyone else that goes door-to-door can be expected to approach the front door. This is even if the person is not explicitly invited. These types of trespassers are owed a duty of care. They can sue if they get injured by hidden dangers on the property.
Establishing Negligence Under New York Premises Liability
Life-altering hazards can go neglected for months on end or come up at a moment’s notice. Accidents can easily happen on a property. Pertaining to this, there are certain types of dangers, such as missing handrails, uneven pavement, and standing water that every reasonable person should be aware of.
These are a few facets that are examined by the court for determining whether a property owner is negligent or not:
- Did the property owner or manager create the unsafe condition which caused the injury
- Did the owner have constructive or actual notice of the hazard and failed to correct it?
- Did the owner miss the obvious dangers because they failed to take reasonable steps for maintaining the property?
The key to a successful claim is prompt investigations. Your Brooklyn premise liability lawyer will try and uncover negligent or reckless actions of the property owner. You need an attorney that acts swiftly to ensure that vital evidence doesn’t get lost.
Types of Damages in Brooklyn Premises Liability Claims
The value of your premises liability claim will depend on the severity and nature of injuries. Your attorney will not leave any avenues for pursuing compensation to account for your losses. You can obtain damages through an insurance settlement or a court award. This can include:
- Medical and hospital bills
- Loss of income
- Expenses for physical rehabilitation
- Mental anguish
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement
- Temporary or permanent disability
Under New York law, you will be eligible for compensation even if you are partly to blame for the accident. A skilled premise liability lawyer Brooklyn will build a solid claim and make it difficult for insurance carriers to deny or falsely reduce the value of your claim.
Choose a Proven Brooklyn Premises Liability Law Firm with a Record of Large Settlements and Verdicts
If you or someone you love was injured on someone else’s property, the Brooklyn premises liability attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you get the compensation you deserve. The attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have been helping injured victims and their families obtain maximum compensation for over 100 years now. To request your free, no-obligations consultation, call us at 212-344-1000 or complete this online form.
