Select Results:

Please call us for a free consultation and we will be happy to discuss any potential case with you.

$4,000,000

Trial Verdict. 53 year-old female housekeeper injured after stepping into pothole in crosswalk, sustained injuries to the spine and knee requiring surgeries

$2,750,000

22 year-old female passenger in single-car rollover motor vehicle accident, sustained a fracture of the cervical spine

$2,290,000

39-year-old male corrections officer tripped and fell over improperly placed wires, resulting in knee and wrist injuries requiring surgery

$2,210,000

44-year-old male HVAC repairman fell from an 8-foot ladder on the job, sustaining lumbar disc injuries

$2,000,000

35-year-old male construction worker fell off of a 5-foot scaffold at the worksite, resulting in an elbow and lumbar disc injuries requiring surgery

$550,000

9-year-old boy sexually assaulted after being improperly placed in a foster home with an individual with prior history sexually assaulting minors

$500,000

28-year-old female cashier suffered finger amputation after placing her hand on an improperly constructed and designed New York City park fence

$435,000

51-year-old female hairdresser sustained a fractured leg requiring surgery while a passenger in a two-car motor vehicle accident

$285,000

31-year-old male registered nurse assaulted at a nightclub with insufficient security resulting in facial fracture

$270,000

62-year-old male barber sustained an ankle fracture requiring surgery after slipping on ice

$18,500

70-year-old male suffered a cracked tooth after biting a contaminated piece of candy

Disclaimer: The facts and circumstances of each case are different and each case must be evaluated upon the unique facts and circumstances. The results summarized above are not necessarily representative of the results obtained in all cases. The summaries do not constitute a guarantee of any particular result in any legal matter.

When an injury is caused by an unsafe or defective condition on someone’s property, negligent owners may be held responsible. Business owners, landlords, private property owners, and City and Government officials all have a duty to provide a safe environment for residents, pedestrians, and guests. When they neglect their responsibilities and people get hurt or killed, the victims and victim’s families have the right to seek compensation.

Ensuring safety includes specific obligations, especially concerning elevator safety. Building owners must:

• Ensure proper functioning: Regularly check elevators to ensure they are working correctly.
• Respond to complaints: Act promptly when tenants or visitors report issues.
• Label defective elevators: Clearly mark any malfunctioning elevators with “Out of Order” signs to warn users.

These tasks are not merely suggestions but are non-delegable duties. Even if a contract exists with a repair service or a third party, the responsibility remains with the building owner—unless it’s proven that the repair company or elevator manufacturer was at fault during construction or repairs.

By fulfilling these responsibilities, building owners can help prevent accidents and avoid the severe consequences that arise from negligence.

To understand premises liability fully, it is crucial to recognize the role of negligence. For a case to be considered premises liability, the injury must result from the property owner’s negligence. This means that the property owner was aware of unsafe conditions yet failed to take appropriate action to correct them. Such negligence opens the door for victims to seek compensation, which may include covering medical bills, pain and suffering, and even lost wages.

In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. Common building defects that lead to premises liability accidents include c:

• Cracked or uneven sidewalks and floors
• Wet or slippery surfaces
• Broken or uneven stairs
• Defective elevators
• Icy conditions

Understanding these elements not only highlights the importance of property owner responsibilities but also clarifies the pathways available for victims seeking justice and compensation.

What Types of Evidence Are Crucial in Building a Premises Liability Case?

Building a strong premises liability case relies heavily on gathering compelling and varied evidence that demonstrates negligence. Here’s a closer look at what you need:

1. Photographic and Video Documentation
   • Capture detailed images of the scene where the incident occurred, focusing on unsafe conditions such as wet floors or broken stairs.
   • If available, request footage from security cameras to provide an objective view of the incident.
2. Injury Documentation
   • Take clear pictures of your injuries immediately after the incident and continue to document the healing process over time.
3. Witness Testimonies
   • Collect statements from individuals who saw the incident or can attest to the hazardous conditions.
4. Maintenance Records
   • Acquire records of the property’s maintenance schedule to determine if regular checks or repairs were poorly executed or neglected.
5. Incident Reports
   • Obtain copies of any official reports filed with property management or local authorities.

By compiling a comprehensive collection of these types of evidence, you’ll bolster your case and improve your chances of demonstrating property owner negligence effectively.

Understanding the “Duty of Care” for New York Property Owners

In New York, property owners are legally obligated to maintain their premises in a manner that ensures the safety of tenants, customers, and visitors. This responsibility, known as the “duty of care,” requires owners to actively identify and rectify any visible or hidden hazards that could pose a risk.

Key Aspects of the Duty of Care

1. Regular Maintenance and Inspections: Owners must conduct routine checks to identify potential dangers such as broken stairs, slippery floors, or faulty lighting.
2. Prompt Repairs: Any identified hazards should be addressed swiftly to prevent accidents. This includes fixing structural issues or repairing damaged equipment.
3. Warning Signs and Notices: If immediate repairs are not possible, clear warnings or barriers should be erected to alert individuals of existing dangers.
4. Compliance with Safety Regulations: Adhering to local safety codes and regulations is crucial. This includes ensuring that fire exits are accessible and that emergency systems are operational.

Failure to meet these responsibilities can result in the property owner being held accountable for any injuries or mishaps occurring on their premises. In such cases, victims may seek compensation for damages sustained due to negligence.

Specialties in Premises Liability Cases

Premises liability law is a vast field that encompasses various scenarios where individuals may suffer injuries due to a property owner’s negligence. Here, we outline the different specialties within premises liability, such as commercial properties, residential settings, and specific incidents like elevator accidents.

Commercial Property Liability

Owners and operators of commercial spaces are tasked with ensuring the safety of their premises. This means they must routinely inspect and address potential hazards such as damaged infrastructure, broken glass, or inadequate security measures. If they neglect these duties, they can be held accountable for any resulting injuries.

In commercial property cases, liability often involves both the business tenant and the property owner or management company, particularly when they are separate entities.

Residential Property Liability

For residential properties, liability focuses on homeowners and landlords. They are responsible for creating a safe environment for both tenants and visitors. If someone is injured on the premises, the injured party must demonstrate they had a right to be there and that the owner was aware of the dangerous condition but failed to act.

Common issues include faulty fire escapes, unmanaged pest problems, or unsecured entryways. Failure to fix these hazards after a report can lead to a negligence claim against the property owner.

Elevator-Related Incidents

Elevator accidents present a unique subset of premises liability. Building owners or managers must ensure that elevators function safely and respond promptly to any maintenance issues. Signs indicating “Out of Order” must be visible when elevators are not working correctly.

Responsibility for elevator safety cannot be entirely passed off to maintenance contractors; it remains the duty of the building owner. However, if a repair service or manufacturer contributed to the malfunction, they might also share culpability.

Each of these areas of premises liability requires careful investigation and documentation to establish who is at fault and to pursue compensation effectively.

Who is Responsible for Maintaining Sidewalks and What are the Conditions for Liability?

In bustling urban areas like New York City, the responsibility for maintaining sidewalks primarily falls on those who own the adjacent properties. This includes landlords of apartment buildings and owners of commercial properties. These individuals are tasked with ensuring their sidewalks are safe and accessible. Should someone experience a slip and fall on these sidewalks, the property owner may be held responsible under certain circumstances.

However, the city’s role in maintaining sidewalks isn’t entirely absent. When it comes to sidewalks next to private residences, the local government typically retains the duty of upkeep. In these cases, if a person is injured, it might be the city, rather than the homeowner, that is liable.

Liability Conditions:

• Property-Owned Sidewalks: If a property owner neglects maintenance duties, they could face liability.
• City-Owned Sidewalks: If damage or neglect is evident on public sidewalks, the city could be held accountable.
• Neglect and Unsafe Conditions: Any party responsible can be liable if negligence leads to unsafe sidewalk conditions.

Understanding these responsibilities helps clarify who may be liable in the event of an accident, based on the location and ownership of the sidewalk in question.

Understanding Residential Premises Liability for Homeowners and Landlords

Residential premises liability is a legal framework that holds homeowners and landlords accountable for ensuring the safety of their properties. When someone, whether a visitor or tenant, suffers an injury on residential property, specific legal criteria must be proven to establish the owner’s liability.

Key Responsibilities

1. Legal Entrants: First and foremost, the injured party must demonstrate they had a legal right to be on the property, whether as a guest, tenant, or visitor.
2. Awareness of Hazards: Next, it is essential to show that the property owner was aware, or should have been aware, of unsafe conditions on their premises.
3. Negligence in Addressing Issues: A crucial component is proving that the homeowner or landlord failed to take reasonable steps to rectify known hazards. This negligence could involve ignoring reports of safety issues such as damaged fire escapes, pest problems, or malfunctioning locks.

Consequences of Negligence

When landlords or homeowners neglect these responsibilities, they can be deemed negligent. This opens the path for injured parties to pursue legal action to claim damages. Successful claims often depend on the evidence that the property owner neglected reported hazards, highlighting their lapse in duty of care.

In summary, residential premises liability serves as a protective measure for tenants and visitors, mandating that property holders maintain safe environments and promptly address potential dangers.

What Are Some Examples of Premises Liability Cases Involving Commercial Buildings?

Premises liability in commercial buildings encompasses a range of scenarios where individuals might suffer injuries due to the negligence of property owners or tenants. When a property isn’t properly maintained, various risks can emerge, leading to liability cases. Below are some common instances:

• Slips and Falls: One of the most prevalent claims involves slip and fall incidents. These can occur from wet floors without warning signs, uneven flooring, or icy entrances that haven’t been salted or cleared promptly.
• Faulty Equipment: Injuries from malfunctioning elevators or escalators fall under this category. Property managers are responsible for ensuring that such facilities are regularly inspected and maintained.
• Inadequate Security: If a business fails to provide sufficient security measures, such as proper lighting in parking lots or security personnel in high-risk areas, and an injury or crime occurs, the property owner may be held responsible.
• Structural Hazards: This includes hazards like damaged stairs, loose handrails, or falling debris that might not be obvious to visitors. Regular checks and repairs can prevent accidents, but neglect can lead to serious injuries.
• Unmarked Hazards: Temporary dangers, such as construction or maintenance work, require clear signage. Without it, visitors may be unaware of the risks, and accidents can happen.

Each of these scenarios highlights the importance of diligent property upkeep. Commercial property owners and operators must create a safe environment to protect their patrons and visitors, minimizing risks and liabilities.

Do I have a valid premises liability case?

Any potential premises liability case requires a detailed understanding of the facts, the processes, and the law. If an accident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.

When dealing with premises liability claims, an attorney’s expertise is invaluable in several ways:

• Determining Case Viability: They can help assess whether your injury qualifies for a premises liability case, focusing on the crucial aspect of proving negligence by the property owner.
• Gathering Evidence: Attorneys guide you through collecting essential evidence, such as photos or videos of the incident scene. If the property is equipped with security cameras, your attorney will assist in requesting that footage promptly.
• Organizing Documentation: They ensure all necessary documentation, including medical bills and witness statements, is collected and orderly. This organization is vital for building a strong case.
• Crafting a Clear Narrative: Your attorney will help you present a concise, clear, and consistent story about your injury and the property’s condition at the time of the incident. This preparation is crucial for litigation success.
• Consultation and Strategy: Engaging with an attorney means having a knowledgeable partner to navigate the complexities of premises liability law, ensuring you have the best chance of a favorable outcome.

By incorporating these elements, a skilled attorney not only evaluates the merits of pursuing a lawsuit but also meticulously prepares every aspect to support your claim effectively.

What is an Example of a Successful Premises Liability Settlement?

A successful premises liability settlement can often hinge on meticulous preparation and expert testimony, as illustrated by a notable case where a client secured a $500,000 payout through mediation.

Background of the Case

The client, a 28-year-old female cashier, suffered finger amputation after placing her hand on an improperly constructed and designed New York City park fence.

Challenges Faced

The defendants attempted to downplay their responsibility by arguing that the fence was not dangerously defective.

Strategic Approach

To counter these claims, the legal team employed two essential experts:

• Engineering Expert: An engineer was quickly deployed to the accident site to conduct detailed measurements, establishing that the fence condition presented a significant hazard.
• Medical Expert: A separate specialist provided evidence linking the client’s ongoing health problems directly to the accident, reinforcing the causation argument.

Outcome

With this compelling evidence, the legal team was equipped to challenge the defense’s arguments effectively. This preparedness was crucial in influencing the decision-makers during mediation, ultimately leading to a $500,000 settlement for the client without the need for a prolonged trial.

Conclusion

By leveraging expert insights and thorough case preparation, this settlement exemplifies how strategic legal action in premises liability cases can lead to favorable client outcomes.

Proven Expertise in Premises Liability Cases

Our premises liability attorneys possess extensive experience and a strong track record in handling complex cases. Recently, we successfully secured a $2,290,000 settlement for a client who tripped and fell over improperly placed wires, resulting in knee and wrist injuries requiring surgery.

Comprehensive Case Handling

• Case Evaluation and Strategy: Our team began with a thorough evaluation of the incident. We identified critical factors that contributed to the accident and laid out a clear strategy to hold the responsible parties accountable.
• Expert Collaboration: To fortify our case, we engaged top-tier experts. An engineer provided pivotal measurements and analyses, conclusively demonstrating that the pavement condition was indeed hazardous. Meanwhile, a trusted medical expert connected the client’s subsequent health issues directly to the accident.

Effective Mediation and Resolution

• Preparedness for Trial: Although our experts were ready to testify, our meticulous preparation compelled the defendants to settle promptly.
• Mediation Success: Leveraging our preparation, we effectively navigated the mediation process to secure a fair and just settlement for our client.

Our attorneys’ dedication, strategic insight, and collaborative efforts consistently lead to successful outcomes, exemplifying our capability to manage similar premises liability cases with impactful results.

What Types of Compensation Might Be Available in Premises Liability Cases?

In premises liability cases, victims may be entitled to various forms of compensation to address the consequences of their injuries. Here’s a breakdown of potential compensation types:

• Medical Expenses: Coverage may include costs for hospital stays, surgeries, medication, physical therapy, and any ongoing medical care required due to the injury.
• Pain and Suffering: This compensates for the physical pain and emotional distress endured as a result of the accident, acknowledging the broader impact on quality of life.
• Lost Wages: If an injury prevents you from working, you may receive compensation for the income lost during recovery. This can also cover future income loss if the injury affects long-term earning potential.

Each case is unique, so the total compensation will vary depending on the specific circumstances and the extent of the injuries sustained.

Scheduling a Consultation with a Premises Liability Attorney in New York

Are you considering legal action for a premises liability issue in New York? Set up a consultation with an attorney to explore your options.

What to Bring to Your Consultation

• Documentation: Include any medical records, photographs, or incident reports related to your case.
• Questions: Prepare a list of questions about your potential case and the lawyer’s experience.

Contact Us

Please call us for a free consultation and we will be happy to discuss any potential case with you.

Trusted Legal Representation for Personal Injury Lawsuits

If you’ve been injured in an accident, the immediate financial burdens can be overwhelming. The constant stream of medical bills and the stress of lost income can add a new layer of suffering to your recovery. At Berkowitz & Weitz Law, P.C., our NYC injury lawyers are dedicated to helping you recover all of your economic damages. We fight to ensure you are fully compensated for every dollar you have lost, so you can focus on your health, not your finances.

What Are Economic Damages in a Personal Injury Case?

Economic damages are the quantifiable, out-of-pocket costs directly related to your accident and injuries. These are the expenses that have a clear price tag, and you have a right to recover them from the at-fault party. Our legal team meticulously calculates and aggressively pursues all of your financial losses.

Common Types of Economic Damages We Recover:

• Past and Future Medical Expenses: This includes everything from the immediate costs of your emergency room visits and hospital stays to the long-term expenses of physical therapy, prescription medications, home healthcare, and even future surgeries. We work with medical professionals to accurately project these lifelong costs.
• Lost Wages and Income: An injury can force you to miss work, resulting in a direct loss of income. We not only recover the wages you have already lost but also fight for compensation for a loss of earning capacity if your injuries prevent you from returning to your previous job or earning a similar wage in the future.
• Property Damage: If your car, motorcycle, or other personal property was damaged in the accident, the costs to repair or replace it are a part of your economic damages.
• Out-of-Pocket Expenses: We also account for less obvious costs, such as transportation to medical appointments, childcare, or domestic help if your injuries prevent you from performing daily tasks.

How We Build a Strong Case for Your Financial Recovery

While your bills and pay stubs provide a starting point, securing full compensation requires a detailed and strategic approach. Our New York personal injury lawyers work with a network of financial experts, vocational specialists, and medical professionals to:

• Accurately Calculate Future Losses: We don’t just look at what you’ve lost already. We project your future medical costs and loss of earning capacity to ensure you are compensated for a lifetime of care.
• Gather Critical Evidence: We organize and present your medical bills, wage statements, and other financial records in a clear and compelling way to insurance companies and, if necessary, to a jury.
• Negotiate Aggressively: Insurance companies will often try to minimize your settlement. We handle all communication with them and use our years of experience to fight for a fair and just recovery.

Your focus should be on your physical recovery, not on the stress of financial hardship. Let our NYC injury lawyers for medical bills and lost wages handle the legal complexities of your case.

Contact Berkowitz & Weitz Law, P.C. today for a free, confidential consultation.

When you go out for an evening in New York City, you have a right to expect a safe environment. Unfortunately, poor management or a lack of security can turn a night of fun into a devastating ordeal. If you were injured due to negligence at a bar, club, or restaurant, you may have a valid claim. Our NYC bar, club, and restaurant liability attorneys are here to hold negligent parties accountable and fight for the compensation you deserve.

Understanding the Duty of Care

Property owners, managers, and staff of these establishments have a legal duty of care to protect their patrons from foreseeable harm. This responsibility extends beyond basic cleanliness and includes protecting against accidents and dangerous behavior. When they fail in this duty, and a patron is injured as a result, they can be held liable.

Injuries & Negligence: What Constitutes a Claim?

Liability in these cases can arise from a number of negligent actions or inactions. Our legal team is experienced in investigating and litigating a wide range of claims, including:

• Slip and Fall Accidents: Injuries caused by wet floors, broken stairs, poor lighting, or other hazardous conditions.
• Negligent Security: When inadequate staffing, poor security training, or a failure to install cameras or other safety measures leads to a foreseeable crime.
• Assault and Battery: Injuries sustained from a fight, either by another patron or a bouncer, when the establishment failed to maintain order.
• Over-Serving Patrons: Accidents caused by visibly intoxicated individuals who were negligently served too much alcohol. In New York, this falls under Dram Shop Law, which holds establishments liable for the actions of their intoxicated patrons. The New York State Liquor Authority is the government body that oversees these regulations.
• Food Poisoning: Sickness or injury from contaminated food or beverages.

How We Build Your Liability Case

Proving negligence requires more than just showing you were injured. Our attorneys work to establish a direct link between the establishment’s negligence and your injuries. We do this by:

• Gathering Evidence: We collect incident reports, security camera footage, eyewitness statements, and employee records.
• Proving Foreseeability: We investigate the establishment’s history of similar incidents to prove they should have known of the danger.
• Calculating Damages: We work with medical professionals and financial experts to calculate all of your losses, including medical bills, lost wages, and pain and suffering.

Contact Us

Please call us for a free consultation and we will be happy to discuss any potential case with you.