New York Premises Liability Lawyer
New York Premise Liability Attorney
Premises liability usually refers to accidents such as slip and fall, trip and fall, ceiling collapses, and other incidents on sidewalks, inside apartment buildings, and other dwellings. In order to determine whether you may have a viable premises lawsuit, it is important to contact an experienced personal injury lawyer at (866) ATTY LAW.
Different types of premises accidents include :-
- Slip, Trip & Falls
- Building Accidents
- Trip and Falls on City Sidewalks and Roadways
- Construction Accidents
- Falls from Ladders & Scaffolds
- Municipal Liability
- School Accidents
- Ceiling Collapses
- Elevator & Escalator Accidents
- & all types of accidents & injuries
Some types of cases are covered under the law and some are not. For example, a trip and fall due to a raised or uneven sidewalk adjoining a large apartment building will most likely be covered under New York’s Administrative Code 7-210 which places responsibility for a defective sidewalk on the adjoining landlord. But in other cases, the law may not protect the injured individual. If someone falls in the middle of a roadway while crossing the street and is not sure of the cause of the fall, the lawsuit will most probably fail.
One common element running through all premises liability actions is the concept of notice. Notice means that the landlord, management, or other party you allege is responsible for the accident had to know about the defective condition at issue. There are a few types of notice. Actual notice means someone actually notified or told the defendant about the condition and they failed to fix it. In the example of a ceiling collapse, actual notice would be the tenant writing a letter to the landlord or management of his building complaining about a ceiling leak and cracks. If 1 month went by with no remedial action followed by a collapse, the tenant would be able to prove actual notice.
Constructive notice means that the defendant should have found the condition and fixed it using reasonable care. Constructive notice can be inferred from the fact that the condition was in existence for a substantial period of time. In the same example, if the tenant never complained about the ceiling collapse but the ceiling in his living room was yellow, stained, leaking, and cracked for a 3 months it can be argued that the landlord should have constructive notice of it. This is especially true if the landlord came in to look at the ceiling and or perform inspections or maintenance in the apartment. Another example of constructive notice may be a puddle in a parking lot. If a store patron sees a puddle on his way into a supermarket, then shops for 1 hour, and slips on the puddle on his way out, it may be argued that the supermarket or parking lot landlord had constructive notice of the puddle since it existed for 1 hour and they never found it or cleaned it up. The fact that the defendant does not find or fix the defective condition means they were negligent.
The last type of notice is called caused and created. Even if a defendant did not have actual or constructive notice of a condition, they may be liable if they caused and created the very condition complained of by the plaintiff. For example if a janitor is mopping the floor with soapy liquid and leaves puddles or spots in different areas without putting up signs or blocking the area off in any way and someone slips and falls on the wet spot, it can be argued that the janitor caused and created the condition. So even though no one complained about the wetness and the wet spot was only present for a few seconds, the defendant may be liable since the janitor created the wet condition.
In summary, there are many types of premises cases. The most common are slips and falls on liquid or transient conditions, trip and falls in holes, raised portions of the sidewalk, or objects. Ceiling collapses and other multiple dwelling accidents are also common. But premises cases include a potentially unlimited scope of different accidents. For example, someone may fall at a restaurant due to a waiter spilling some food on the floor and not cleaning it up…..or fall in a store due to frayed or torn carpeting….or a rug that is uneven or rolled up…..or fall due to inadequate lighting making it difficult to see.
if you or a loved one has suffered a premises accident, contact the attorneys at Frekhtman & Associates for a free consultation.
If you think you have been a victim of premise accident, you should contact Frekhtman and Associates for a free consultation.
We provide premise accident legal consultation absolutely free. You can contact us at our new york offices given below
60 Bay 26th Street,
Brooklyn, New York - 11214
Phone : (718) 331-7700
653 East 189th Street, Bronx,
New York 10458
Phone : (718) LAW - BRONX
(718) 529 - 2766
(718) 733 - 9300
The Woolworth Building, 233 Broadway,
New York, New York - 10007
Phone : (212) 766-5656
