Property owners and managers, including landlords, are under a legal obligation to protect people from unsafe conditions. This applies whether the property is used for residential, commercial or other purposes. In most cases, a person injured due to a failure to keep premises safe can recover damages for all resulting medical costs, lost income and pain and suffering. For more than 30 years, The Licatesi Law Group in Brooklyn has fought for injured New Yorkers. If you’ve suffered a fall that left you seriously injured, our knowledgeable attorneys can evaluate the circumstances of your mishap to determine if any person or entity was negligent and work to hold them responsible.
Numerous dangerous conditions can result in slip and fall accidents on private or public properties, including homes, businesses, schools, healthcare facilities and government premises. Among these conditions are:
To prove liability in a slip-and-fall case, you must show not only that a dangerous condition existed and caused your accident but also that the premises owner knew or should have known about it. The owner’s liability can be reduced if he took steps to protect visitors, but these actions — if inadequate — can weigh against the owner, since they serve as evidence of his awareness of the condition.
Under New York law, property owners and managers owe a duty of care to anyone whose presence is reasonably foreseeable. The traditional categories of invitees, licensees and trespassers, which once determined recoverable damages, have been eliminated. Now, regardless of why people enter or remain on premises, they can bring a lawsuit if the landowner knew or should have known they were likely to be there. For example, if a hole in a fence offers a shortcut through a construction site, pedestrians who are injured there — even though they are trespassers — can recover damages.
However, the injured person’s conduct — including what business they had being on the property — will factor into whether they were comparatively negligent and thus partially responsible for their injuries. A restaurant customer who ventures into the kitchen may be held partly to blame if he slips and falls. Another ground for comparative negligence is that a site visitor ignored a dangerous condition that should have been obvious, such as when an area is cordoned off or marked with warning signs.
Our personal injury attorneys investigate the property conditions and identify the responsible parties. We locate experts to help in the evaluation and presentation of your case, both in negotiations with insurance and defense counsel and at trial if required.
To learn how The Licatesi Law Group can help you recover money damages for your slip and fall accident, take advantage of a free consultation and case evaluation with an experienced attorney. We serve clients in Brooklyn and throughout New York City. Call us at 516-227-2662 or contact us online.
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Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation
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47 year old male police officer injured as a result of surgical malpractice by an orthopedic surgeon resulting in an inability to work and permanent impairment of gait.
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