Defective Property Conditions
Slips, trips, and falls happen all too often when a property owner fails to adequately protect people on its premises from hazardous situations. If you were hurt as a result of a defective condition on someone else’s property, you may have a valid claim against the owner. To find out if you can seek compensation for your injury, consult a premises liability attorney at the Cassisi Law Firm. For three decades, we have proudly represented ordinary people throughout Queens, the Bronx, and Brooklyn, as well as in Nassau and Suffolk Counties.Hold Property Owners Liable for Dangerous Conditions
Premises liability claims are often called “slip, trip, and fall” lawsuits because typical cases arise from someone slipping on a wet or oily floor, or tripping on an uneven surface. While this type of defective property condition can give rise to liability, hazards on premises can take many forms. Some other examples include:
- Falling store merchandise that is improperly shelved or placed on shelves not strong enough to support its weight
- Unstable or crumbling steps, stairs, walkways, or sidewalks
- Loose, defective, or broken handrails, handles, bars, knobs, balcony rails, or fences
- Overgrown plants or trees
- Open, unguarded, or unmarked heights, dips, ditches, or potholes
- Abrupt surface changes or elevations, such as door strips, floor mats, or transitions between different types of flooring
- Inadequate guardrails or fencing around pools or ponds
- Improperly constructed or maintained decks or balconies
- Inadequately lighted areas where any hazard exists and cannot clearly be seen
- Improperly constructed structures, such as furniture, building appointments, playgrounds, pools, elevators, stairs, lofts, fences, sculptures, statues, or roofs
Holding a property owner liable for negligence requires the injured person to show a duty of care, a breach of this duty, a direct causal link between the breach and the injury, and actual, quantifiable damages. Landowners and proprietors have a duty to protect people who are on their land lawfully from known hazards by warning them, by cordoning off dangerous areas, or by fixing the defect. Individuals to whom this obligation is owed range from store customers, restaurant patrons, and hotel guests to people invited onto a property for a social occasion, such as a dinner party. In some cases, child trespassers also may be owed a duty of care.
It is important to remember that landowners may only be liable for conditions of which they are or should be aware. They may not be held liable if they had no reasonable way to discover the hazardous situation. Furthermore, you likely will not be able to get compensation for an accident caused by a danger of which you were previously aware.
If you succeed in a negligence claim, you may be able to recover damages from any defendants held liable. Types of compensation can extend from medical expenses and lost wages to pain and suffering and other subjective harms. There is a strict time limit on when you can file a lawsuit after an accident, so you should consult a knowledgeable lawyer as soon as possible, even if you are not sure whether you have a claim.Discuss Your Premises Liability Case With an Experienced New York Attorney
The process of physically recovering from an injury can be arduous and prolonged. But there is no need to endure a heavy financial burden while you focus on healing your body. Let those who harmed you bear the costs of your accident. If you have been hurt on someone else’s property in New York, contact the slip and fall lawyers at the Cassisi Law Firm. Give us a call at (718) 441-5050 or use our online form to set up a free consultation.