Content reviewed by:
Alex Shulman
Most stores, restaurants, bars, and other locations are well-managed and maintained. However, there are always exceptions: improperly maintained elevators, uneven flooring, electrocution risks, and slip hazards are possible at almost any private home, business, or public building. Oftentimes, these hazards can lead to serious injuries.
If a property owner fails to recognize and address an unreasonable hazard, it could cause someone to slip, trip, fall, or otherwise injure themselves. When this occurs, the victim is generally entitled to hold the property owner or occupier accountable under certain conditions.
If you or a loved one suffered injuries on someone else’s property, you may be eligible to file a premises liability lawsuit. You could recover compensation for your injuries and subsequent damages. Contact our Bronx premises liability lawyers at Shulman & Hill for a free case review. We can assess your options and discuss your next steps when you dial 866.311.5673.
How Shulman & Hill Can Help You After a Bronx Premises Liability Injury
You may find it challenging to file a premises liability lawsuit without the guidance of a personal injury attorney. In addition to collecting evidence and proving liability, you will need to document your recoverable damages. Then, you may need to go head-to-head with an insurance company or file legal paperwork and prepare the case for a jury trial.
When you work with the attorneys at Shulman & Hill, you have a wealth of legal knowledge and experience at your disposal. Our premises liability lawyers have helped numerous injured New Yorkers secure fair compensation for their injuries. To date, we have recovered more than $700 million on their behalf.
If your injuries occurred while you were on the clock, our team provides the unique benefit of handling both workers’ compensation and premises liability cases. This could come into play if you fell from a ladder or scaffold while working on a construction site, for example.
What Is Premises Liability in the Bronx?
When you set foot in a Bronx-area business, you are owed a duty of care. This means the places you visit for business or pleasure are to be kept safe without unreasonable hazards. Ideally, patrons should be able to go about their day without fear of injury.
Locations that are well-managed and maintained have protocols that strive to provide safe conditions for those who visit the property. Any hazards that could potentially harm visitors are actively sought out and remedied. This applies to almost any property in the Bronx, from construction sites to theaters, restaurants, and bodegas.
A breach of this duty of care could include any number of things. Our personal injury lawyer can build a case if you suffered injuries caused by:
- Wet floors without mats or signage
- Cracked and uneven floor tiles
- Torn carpet
- Poor lighting
- Uneven stairs
- Missing handrails
- Unsafe ladders or scaffolding
- Expose electrical wiring
- Trip hazards in the walkway
- Unmarked step-ups or step-downs
- Unsafe elevators or escalators
- Spills or leaks that cause slick floors
- Pools without proper signage about running, diving, and other risks
- Improper or untrained security
As you can imagine, there are countless ways for a property owner’s careless to potentially cause a guest to suffer injuries. Our experienced premises liability lawyers know how to document the hazard, how it led to injuries, and the damages our clients suffered as a result. These steps are often key to holding the property owner or another party legally liable and recovering fair compensation for our client.
Different Types of Premises Liability Accidents in the Bronx
No matter how careful you are and how prepared you may be, accidents can happen. While a property owner or their insurance company may claim the victim was “clumsy” or “should have been paying more attention,” this is not always the case. In fact, injuries often occur because there is a hazard or danger that the property owner or manager failed to take care of. Some of the most common Bronx premises liability accident types include:
Slip and Falls
Slip and falls are among the most common serious accident types in the United States. They are also the cause of millions of emergency room visits, according to the National Floor Safety Institute (NFSI). A slip-and-fall accident occurs when a victim encounters a hazard on the floor or ground.
These hazards could be short-lived or long-lasting, but property owners, managers, and employees have a duty to identify them and protect guests from harm when possible. If they knew about a hazard or a reasonable person would have been aware of it, then the owner or occupier might be liable for any harm that occurs.
In areas like the Bronx that see snow and ice, these accidents may be more common. If snow and ice are not cleared quickly or sufficiently from sidewalks and entryways following a storm, it can present a danger for those who come onto the premises. Even in situations where snow has been cleared, it can be tracked into businesses and lead to a slip-and-fall accident.
Animal Bites
Dogs are widely considered to be man’s best friend, but not all are comfortable around strangers and visitors. If you are visiting someone and their dog (or another animal) attacks or bites you, you may suffer serious injuries. Depending on the severity, some injuries may lead to nerve damage or permanent scarring.
Some people even suffer lasting impairments or disfigurement from dog bite injuries. In addition, psychological damage is common, and many people develop a paralyzing fear of dogs after an attack.
Dog owners are legally responsible for their pet’s behavior. If someone else’s dog caused your injuries, you may have a case against them. Their homeowner’s or renter’s insurance policy could cover your expenses and losses.
Assault & Battery
While the criminal prosecution of a suspect in an assault case is handled separately, the owner of the property where the crime happened may face civil liability. If you were in a parking lot, bar, or nightclub and were attacked, a property owner may be liable if there was inadequate lighting, security cameras, or security personnel.
It might be possible to hold the property owner or occupier accountable regardless of the outcome of the criminal case against the accused attacker.
Construction Accidents
By their very nature, construction sites are dangerous. There should be strict protocols in place to prevent injuries, such as requiring hard hats and following safety best practices. When an injury occurs on a construction site, the property owner, contractor, or another party might be legally responsible.
Property owners and general contractors are also responsible for ensuring those working at an elevated height—such as on ladders and scaffolding—have the right training, tools, and personal safety equipment to complete the task without injuries.
Electrocutions
Exposed wiring and other electrocution hazards may occur less frequently than falls or dog bites, but they often cause catastrophic or fatal injuries. Property owners must be aware of any live electricity and wiring issues on their property and minimize the risk of harm to guests. This could include hiring an electrician to make repairs, covering open panels, installing warning signs, or following lock-out protocols on work sites.
- How Liability Is Determined in a Bronx Premises Liability Case
Before you or your attorney can proceed with your premises liability lawsuit, you must be able to demonstrate how the accused party caused or failed to prevent your injuries. The evidence available to do this usually depends on the type of accident, the location where the injury occurred, and numerous other factors.
Property owners and managers must maintain reasonably safe conditions and act as a reasonable business or property owner would. For example, if a spill occurs in a department store and an employee walks past it several times without mopping it up and/or placing a warning sign, the store may be held liable if a customer later slips and falls on the wet floor.
In this case, the evidence available might include:
- Surveillance video of the spill, fall, and other relevant actions
- Any reports filed by first responders
- Eyewitness accounts
- Photos or video from the scene
- The victim’s related medical records
- Medical expert testimony
- Documentation of damages
Building a case against the relevant business or property owner is necessary to hold them accountable through a negotiated insurance payout or civil trial. Our Bronx premises liability attorneys can investigate and develop a compelling case on your behalf. We develop plans, file claims and lawsuits, and take other actions on behalf of our clients. We may be able to recover fair compensation for you after a premises liability injury.