Of the many types of cases we handle at the Law Office of Jeffrey K. Kestenbaum, premises liability cases are among the most common ones here in Brooklyn. However, there are different types of premises liability cases and certain injuries that are most common from these accidents.
Here is an overview of what premises liability is and why you may need a premises liability attorney to pursue these types of cases in New York.
What Is Premises Liability?
Premises liability is a legal term that is used in personal injury cases when a person suffered an injury due to a condition on another person’s property. These types of cases are often based on allegations of negligence on behalf of the property owner and require the injured party to prove this negligence led to injuries. In order to pursue a premises liability case, you must have evidence that a property owner breached a duty of care by not maintaining it in a safe way.
Types of Premises Liability Cases
There are various types of premises liability cases that clients seek our help with in Brooklyn. For example, slip and fall cases are common, especially in the winter season after snowfall and ice. Throughout the year, plaintiffs pursue premises liability cases because of defective conditions on a property and due to fires and water leaks. Other cases that a premises liability attorney can help you with include amusement park accidents, elevator accidents, dog bite accidents, swimming pool accidents, and assault cases due to poor building security.
Injuries Caused by Premises Liability Accidents
The injuries caused by premises liability accidents are often due to falling and include broken bones, concussions, sprains, bruises, and cuts. However, these types of accidents can also cause severe bites, assaults, and burns as well. At the Law Office of Jeffrey K. Kestenbaum, we understand that every premises liability case is unique and want to listen to the specific details of your case and the injuries you sustained.
Property Owner Duties of Care
In New York, the law requires property owners to keep guests safe while on their property and exercise reasonable care to avoid preventable harm. Victims of a local premises liability accident must show that the property owner was more likely than not for causing injuries though evidence that the owner had a legal duty to the victim and that the owner breached this duty.
This is true for people who have been invited onto a property and have express or implied permission to be on the property, such as friends and family members. It is also true for licensees who enter a property for their own purposes but are legally allowed do so, such as a door-to-door salesman. However, property owners do not typically have a duty of care with regard to unknown adult trespassers who entered a property illegally.
Examples of Premises Liability Cases
One example of a premises liability case is a painter who has been hired to paint a person’s house and suffers injuries when the ceiling cracks and falls on her. You may have a premises liability case if your office or apartment building does not have adequate building security, which causes an intruder to break in and assault you.
If your neighbor invites you over for dinner and you are injured in his unkempt backyard full of holes and broken glass, you may have a premises liability claim. Slip and fall accidents are the most common premises liability cases that we see in our office, often due to unsecured rugs, wet floors, broken stairs, exposed extension cords, and ice and snow accumulation.
How a Premises Liability Attorney Can Help
If you have been injured in an accident on another person’s property, the Law Office of Jeffrey K. Kestenbaum can help. To pursue these types of cases, you need an aggressive premises liability attorney who will fight for what you deserve and keep you informed every step of the way. We will review the accident report, medical records, witness statements, and all other necessary information to help us build a strong case before your statute of limitations runs out.
Call us now at 718-237-5586 or contact us online to gain full and fair compensation as quickly as possible.