Category: Premises Liability

Key Takeaways

• To sue successfully for a slip and fall accident, you must prove the property owner knew or should have known about a dangerous condition and failed to address it timely and properly.
• Document everything immediately after your fall, including photographs of the hazard, witness information, incident reports, and seek prompt medical attention.
• Be aware of critical deadlines, including the statute of limitations and special notice requirements for government property, which can be as short as 90 days.

When Can You Sue for Slip and Fall Compensation? Proving Fault in Slip and Fall Cases

Slip and fall accidents happen suddenly and can result in serious injuries that impact your health, finances, and quality of life. While not every accident justifies legal action, understanding when you can pursue a slip and fall lawsuit is crucial for protecting your rights. To have a viable case, you must demonstrate that your accident resulted from a property owner’s negligence in maintaining safe premises. This typically requires showing that the owner knew or should have known about a dangerous property condition, failed to address it timely and properly, and that this negligence directly caused your injuries. The success of your claim also depends on factors like the circumstances of your fall, the extent of your injuries, your own potential contribution to the accident, and the documentation you gather.

Establishing Property Owner Negligence: The Foundation of Slip and Fall Lawsuits

Property owner negligence refers to the failure of a property owner to exercise reasonable care in maintaining their premises, resulting in conditions that pose an unreasonable risk of harm to visitors. This legal concept forms the foundation upon which premises liability claims are built and determines whether you have grounds to seek slip and fall compensation.

Property owners have a legal duty to maintain reasonably safe conditions for visitors. This duty varies depending on your status when the accident occurred. Invitees (customers at businesses or guests explicitly invited onto property) receive the highest level of protection. Property owners must regularly inspect their premises for dangerous property conditions, promptly address known hazards, and warn about risks that haven’t yet been fixed. Business owner liability accidents often involve this highest standard of care because customers are considered invitees.

For licensees (social guests or those on property for their own purposes with permission), the duty is somewhat reduced. Property owners must warn about known dangers but don’t necessarily have the same obligation to inspect for hazards. Trespassers receive the least protection, though property owners still cannot deliberately set traps or create hazardous conditions intended to cause harm.

To prove property owner negligence, you must demonstrate several key elements. First, you need to establish that a dangerous condition exists, such as a wet floor, broken stair, inadequate lighting, or uneven walking surface. Slip and fall injury evidence might include photographs of the hazard, surveillance footage, or witness testimony confirming the condition.

Next, you must show the owner knew or should reasonably have known about this hazard. This “notice requirement” is often the most challenging aspect of proving fault in slip and fall cases. Notice can be established through evidence that the owner created the condition, received reports about it, or that the condition existed long enough that a reasonable inspection would have discovered it.

Types of Dangerous Conditions: What Makes a Property Unsafe?

Dangerous property conditions are physical circumstances or features on a property that create an unreasonable risk of harm to visitors and can lead to slip and fall accidents and potential premises liability claims. Recognizing these hazards is essential for both preventing accidents and understanding when property owner negligence might justify a slip and fall lawsuit.

Wet or slippery surfaces represent the most common cause of slip and fall accidents. These include freshly mopped or waxed floors without adequate warning signs, spilled liquids in grocery store aisles, or tracked-in rain or snow at building entrances. Business owner liability accidents frequently involve these temporary conditions. The key factor in establishing negligence isn’t just the presence of the slippery surface but how long it existed and whether reasonable procedures were in place to discover and address such hazards.

Structural defects and maintenance failures create another category of dangerous conditions. These include broken stairs, loose handrails, uneven flooring, torn carpeting, or potholes in parking lots. Unlike temporary spills, these conditions typically exist for extended periods, strengthening the argument that the property owner should have known about and fixed them. Documentation showing repeated complaints or long-standing disrepair significantly strengthens slip and fall injury evidence in these cases.

Inadequate lighting contributes to many slip and fall accidents by making otherwise visible hazards difficult to detect. Dimly lit stairwells, parking garages, or walkways with burned-out bulbs create environments where even attentive visitors may miss seeing obstacles or changes in elevation.

Code violations often provide compelling evidence for slip and fall compensation claims. Building codes establish minimum safety standards for features like stair dimensions, railing heights, and floor materials. When accidents result from violations of these standards, it becomes easier to establish property owner negligence since the dangerous condition directly contravenes established safety requirements.

Timing Considerations: Statute of Limitations and Notice Requirements

Timing considerations in premises liability claims refer to the legally mandated deadlines and notification periods that govern when and how you must initiate your slip and fall lawsuit. These critical timeframes, established by state law, determine whether your case can proceed regardless of its merit. Understanding these timeframes is essential for preserving your right to seek slip and fall compensation.

The slip and fall statute of limitations establishes the maximum time after an accident to file a lawsuit. This deadline varies by state, typically ranging from one to three years from the date of injury. Once this window closes, courts will almost always dismiss claims regardless of their merit. Certain exceptions may extend these deadlines, such as when injuries aren’t immediately discoverable or when the injured person is a minor.

For accidents on government property, special notice requirements create even shorter deadlines. Before filing a slip and fall lawsuit against a city, county, or state entity, you must typically submit a formal notice of claim within 90 days of the accident. This notice must include specific information about the incident, injuries, and the alleged negligence. Failing to provide this notice within the prescribed time frame can permanently bar your claim, even if the standard statute of limitations hasn’t expired.

Prompt medical attention serves both health and legal purposes. Seeking immediate treatment establishes a clear connection between your slip and fall accident and resulting injuries. Delays in medical care can undermine this causal link, with property owners and insurance companies arguing that injuries occurred elsewhere or weren’t serious enough to warrant immediate attention.

State-Specific Statute of Limitations

The time you have to file a premises liability claim varies significantly by state:

State	Statute of Limitations	Government Notice Requirement
New York	3 years	90 days
California	2 years	6 months
Florida	4 years	3 years
Texas	2 years	6 months
Illinois	2 years	1 year
Pennsylvania	2 years	6 months

These variations highlight the importance of consulting with an attorney familiar with your state’s specific requirements as soon as possible after an accident.

Documenting Your Case: Essential Evidence for Slip and Fall Claims

Documentation in premises liability claims refers to the systematic collection and preservation of all relevant evidence that establishes both the property owner’s negligence and the extent of your injuries. This process creates a compelling factual record that supports your legal claim for compensation. Building a strong slip and fall lawsuit requires comprehensive documentation that establishes both liability and damages. Gathering the right slip and fall injury evidence from the outset significantly improves your chances of receiving fair slip and fall compensation.

Start with thorough accident scene documentation. Take detailed photographs of the exact location where you fell, capturing the dangerous property condition from multiple angles. Include wider shots showing the surrounding area for context and close-ups of the specific hazard. This visual evidence proves invaluable when establishing property owner negligence, especially if the condition gets repaired soon after your accident.

Witness testimony provides crucial independent verification of your account. Collect names and contact information from anyone who saw your fall or the condition that caused it. Their statements can confirm details about how long a hazard existed, whether warning signs were present, and the circumstances of your fall. This third-party perspective often carries significant weight in premises liability claims, particularly when liability is disputed.

Medical documentation forms another essential component of slip and fall injury evidence. Seek prompt medical attention and clearly explain to healthcare providers how your injuries occurred. Medical records create an official timeline connecting your accident to specific injuries. Follow all treatment recommendations and attend all appointments, as gaps in care may be interpreted as evidence that injuries weren’t serious.

Incident reports filed with the property owner or manager provide contemporaneous documentation of what happened. When completing these reports, stick to factual descriptions without speculating about fault or minimizing your injuries. Request copies for your records, as these documents often contain important admissions about property conditions or maintenance practices that support proving fault in slip and fall cases.

Essential Documentation Checklist

To strengthen your premises liability claim, be sure to gather:

• Photographs of the accident scene and hazardous condition
• Contact information for all witnesses
• Incident reports filed with the property owner/manager
• Medical records from all providers who treated your injuries
• Records of all expenses related to your injury
• Employment records showing lost wages
• Personal journal documenting pain, limitations, and recovery

Comparative Negligence: How Your Actions Affect Your Claim

Comparative negligence in slip and fall cases is a legal doctrine that evaluates the relative fault of all parties involved in an accident and reduces compensation proportionally based on the injured person’s contribution to their own injuries. Understanding comparative negligence slip and fall principles helps set realistic expectations about potential settlement amounts.

Most jurisdictions apply some form of comparative negligence when evaluating premises liability claims. Under this doctrine, compensation is reduced by the percentage of fault attributed to the injured person. For example, if your total damages equal $100,000 but you’re found 30% responsible for your accident, your recovery would be limited to $70,000. This partial responsibility assessment directly affects slip and fall settlement amounts.

Several common factors can lead to findings of shared fault in slip and fall lawsuits. Distracted walking—such as texting, talking on the phone, or being otherwise inattentive to your surroundings—often results in partial responsibility determinations. Similarly, wearing inappropriate footwear for conditions (like high heels on icy surfaces) may increase your assigned percentage of fault. Ignoring posted warning signs, entering restricted areas, or taking shortcuts through known hazardous locations can also significantly impact comparative negligence assessments.

Some states follow “modified comparative negligence” rules that create recovery thresholds. In these jurisdictions, if your responsibility exceeds a certain percentage (typically 50% or 51%), you cannot recover any compensation regardless of your injuries. This makes proving fault in slip and fall cases particularly crucial in disputed liability situations.

The Legal Process for Premises Liability Claims

The legal process for premises liability claims follows a structured path from initial consultation to resolution, whether through settlement or trial. Understanding this process helps set realistic expectations about the timeline and requirements of your case.

Initial Consultation and Investigation

The process typically begins with a free consultation with a premises liability attorney who evaluates your case’s potential. If they agree to represent you, they’ll conduct a thorough investigation, gathering evidence, interviewing witnesses, and possibly consulting with experts like safety engineers or medical professionals.

Insurance Claim Filing

Your attorney will submit a demand letter to the property owner’s insurance company, outlining your injuries, the basis for liability, and your compensation demand. This initiates negotiations with the insurance adjuster, who will likely conduct their own investigation.

Settlement Negotiations

Most premises liability claims resolve through negotiations before a lawsuit is filed. Your attorney will advocate for fair compensation covering medical expenses, lost wages, pain and suffering, and other damages. This negotiation process typically involves multiple offers and counteroffers.

Lawsuit Filing

If settlement negotiations don’t yield a fair offer, your attorney will file a formal lawsuit. This begins with drafting a complaint that outlines your allegations against the property owner and the compensation you’re seeking. The defendant then has a limited time (usually 20-30 days) to file an answer.

Discovery Phase

During discovery, both sides exchange information through:

• Interrogatories (written questions)
• Requests for production of documents
• Depositions (sworn testimony before trial)
• Medical examinations by defense experts

This phase typically lasts 6-12 months, depending on case complexity.

Mediation and Alternative Dispute Resolution

Many courts require mediation before trial, where a neutral third party helps facilitate settlement discussions. Successful mediation can resolve your case faster and with less expense than trial.

Trial

If your case proceeds to trial, both sides present evidence and arguments to a judge or jury. Trials for premises liability cases typically last 3-7 days, after which the jury deliberates and renders a verdict determining liability and damages.

How Daniella Levi & Associates, P.C. Can Help With Your Slip and Fall Accident

If you’ve been injured in a slip and fall accident, you need experienced legal representation to navigate the complexities of premises liability law. The slip and fall accidents lawyers at Daniella Levi & Associates, P.C. bring over 75 years of combined legal experience to fight aggressively for the compensation you deserve.

Our team understands the challenges of proving property owner negligence and will work tirelessly to gather the evidence needed to build a strong case. Don’t let property owners or insurance companies minimize your suffering or deny you fair compensation. Contact us today for a free consultation to discuss your slip and fall accident case. Remember, you pay nothing unless we win your case.

FAQs

What conditions must exist to file a valid slip and fall lawsuit?

To file a valid slip and fall lawsuit, you must establish: (1) A dangerous property condition caused your fall; (2) The property owner knew or should have known about this hazard; (3) The owner failed to take appropriate action despite having notice; (4) This negligence directly caused your injuries; and (5) You suffered actual damages (medical expenses, lost wages, pain and suffering). Additionally, you must file within the applicable statute of limitations, typically 1-3 years from the accident date. The strength of your case depends on how convincingly you can establish these elements through documentation, witness testimony, and other evidence.

How does the location of my fall affect my legal rights?

The location significantly impacts your legal rights through varying standards of care and procedural requirements. Commercial properties owe the highest duty to customers as “business invitees,” requiring regular inspections and prompt hazard remediation. Residential properties have different standards—landlords must maintain common areas, but have limited liability for tenant-controlled spaces. Government property falls under special rules with significantly shorter notice requirements (typically 90 days versus 1-3 years). Recreational properties may be protected by special immunity statutes in many states. Understanding these location-specific variations helps determine whether you have a viable case and what procedural requirements apply.

What evidence is most important in proving a slip and fall case?

The most compelling evidence includes photographs of the dangerous condition taken immediately after the accident, showing both details and context. Witness testimony provides crucial independent verification, especially from people who observed the hazard existed for some time. Surveillance footage offers objective documentation of both the accident and conditions. Medical records establish the causal connection between the fall and injuries. Maintenance and inspection records can reveal whether property owners followed appropriate safety protocols. This combination of visual evidence, independent testimony, and official documentation creates the strongest foundation for proving both liability and damages in slip and fall cases.

How long do I have to file a slip and fall lawsuit?

Filing deadlines vary by state but typically range from 1-3 years from the accident date. These statutes of limitations are strictly enforced—filing even one day late usually results in dismissal. For government property accidents, special notice requirements create much shorter deadlines, typically 90 days. Limited exceptions may extend deadlines, including the “discovery rule” for injuries not immediately apparent and tolling provisions for minors. Some jurisdictions have different timeframes for premises liability claims versus other personal injury cases. Contractual agreements sometimes contain shortened filing periods. Given these complexities, consulting with an attorney promptly ensures compliance with all applicable deadlines.

What damages can I recover in a successful slip and fall claim?

Recoverable damages include medical expenses (emergency treatment, hospital stays, surgeries, therapy, medications, and future medical costs), lost income (wages lost during recovery and reduced earning capacity from permanent limitations), pain and suffering (physical discomfort and emotional distress), property damage (items damaged during your fall), out-of-pocket expenses (transportation to medical appointments, home modifications), and sometimes punitive damages for egregious negligence. The total compensation depends on injury severity, liability evidence strength, applicable insurance coverage, and thorough documentation of all impacts. Most premises liability claims resolve through settlements reflecting both liability evidence and proven damages.

Have you ever tripped or fallen into an unprotected opening in a sidewalk or other public place?

It’s more common than you’d think, and often, it can result in severe injuries.

In many situations, the law holds property owners responsible for maintaining their premises to prevent such accidents.

But do you know when and how you could sue if this unfortunate incident happened to you?

Is It Possible To File a Lawsuit if You Fall through an Unguarded Opening?

Yes, you can sue if you’ve taken a fall due to someone else’s negligence. However, the liability for a hazardous condition on a public sidewalk will vary depending on the laws in your state and even the property owner’s deed. The local municipality would be held accountable for the slip and fall if the municipality was careless and that negligence directly contributed to the accident.

Cases like these are categorized under premises liability. Premises liability typically comes into play in personal injury cases where some type of unsafe condition caused the injury on someone’s property. The law holds property owners and residents responsible for accidents and common injuries that occur on their property.

Factors Influencing Liability

Determining who’s at fault often hinges on various factors, such as the condition of the area in question and if negligence played a role. For instance, if you have an accident where you fall into an unprotected opening within the sidewalk or public place, it could be due to a dangerous condition not being properly addressed by the property owner. In such instances, you can file a personal injury case to get the compensation for your damages or injuries.

However, it’s important to remember that every situation is unique, and several elements influence whether or not you have grounds for legal action.

Here are three key factors that could impact your potential lawsuit:

1. Proof of Negligence: To successfully sue the property owner, you must prove they were negligent – this means showing that they knew (or should’ve known) about the dangerous or unsafe condition but failed to rectify it.
2. Direct Cause: The accident must be directly caused by the hazardous situation – in other words, falling into an unprotected hole because you were distracted will likely weaken your claim.
3. The Extent of Damages: The amount of monetary compensation depends largely on how severe your injuries are and what kind of medical expenses, lost wages, or other financial losses result from them.

It’s always best to consult with a personal injury lawyer who can help assess these factors and guide you through potentially complex legal proceedings.

Property Owner’s Duty of Care

It’s crucial to understand that property owners aren’t off the hook just because they’re not on-site; they bear a significant duty of care towards anyone who steps onto their premises. This responsibility extends to maintaining public sidewalks that border their properties.

For example, if you stumble and fall because of an unprotected opening or uneven sidewalk that the adjacent property owner hasn’t repaired, you may have grounds to sue. A property owner’s duty of care is built around the idea that those who own land or buildings should ensure these areas are safe for individuals walking on or visiting their premises.

On another note, suppose there’s a broken sidewalk in front of a business establishment, and efforts have yet to be made to either fix it or warn pedestrians about its dangerous condition. If you trip over this broken area and sustain injuries, then under most circumstances, you can file a lawsuit against the business owner for negligence. They failed in their duty of care by not taking reasonable steps to prevent such accidents from happening.

However, keep in mind that local laws vary regarding these matters, so it’s always beneficial to seek legal advice specific to your situation.

Establishing Negligence

Before you can successfully pursue a personal injury claim, you need to establish negligence. This means proving that the property owner knew or should’ve known about the hazardous condition but didn’t do anything to fix it. If your injuries were caused by an unsafe working condition the owner failed to address, they could be held liable.

To strengthen your case, it’s crucial to provide evidence, such as photographs of the dangerous area where you fell or eyewitness testimonies of those who saw the accident. Hiring an experienced attorney will also help establish negligence as they have vast knowledge in dealing with such issues.

Remember, every situation is unique, and what worked for one may not necessarily work for another. However, gathering solid evidence and having an expert by your side increases your chances of winning your personal injury claim.

Pursuing Legal Action

Ready to take the next step and seek justice for your injuries? Pursuing legal action after a slip-and-fall accident can seem daunting, but remember, you have rights as an injured party. You need to understand that it’s not only about getting compensation for your medical bills; it’s also about making sure such incidents are prevented in the future. So, don’t be afraid or feel guilty about taking this action.

1. Consult an Attorney: This is crucial when initiating a personal injury claim. An experienced lawyer will help you through the legal process and fight on your behalf.
2. Gather Evidence: Documenting everything related to your accident is vital – photographs of the scene, witness testimonials, and medical reports. The more evidence you have, the stronger your case will be.
3. File Your Compensation Claim: Your attorney will help you file a lawsuit against those responsible for maintaining the unsafe property where you fell.
4. Negotiate Settlement or Go To Trial: Depending on how strong your case is and how willing the other party is to settle, this could lead to negotiations for a settlement or going to trial.

Remember: As an accident victim, pursuing legal action isn’t just about seeking justice but also about ensuring similar accidents don’t happen in the future due to negligence or careless maintenance practices.

Navigate the Legal Process with Daniella Levi & Associates

Navigating the legal process can be tricky, but don’t let that deter you from pursuing your personal injury claim. If you’ve suffered an injury after falling into an unprotected opening, you have the right to sue those responsible.

At Daniella Levi & Associates, we will guide you through all of the legal procedures to ensure you receive justice and compensation for your slip-and-fall ordeal.

As experienced construction accident attorneys, we’re well-versed in dealing with personal injury cases. Especially those resulting from accidents due to unprotected openings within sidewalks or public places.

We understand how devastating such incidents can be for accident victims. That’s why we commit ourselves fully to ensuring you receive the compensation you deserve.

We’ll assist in gathering evidence demonstrating negligence by property owners or managers who failed to uphold safety procedures leading to these unsafe working conditions.

Our seasoned team will build a strong case presenting clear proof that your injuries directly resulted from this negligence. With our experience and legal acumen by your side, rest assured that we’ll fight tirelessly for your rights and won’t settle until justice is served in your favor.

Why You Should Work with a Personal Injury Attorney

Navigating the complex world of personal injury law isn’t something you’re expected to tackle alone – you’ll need an experienced lawyer.

Particularly in cases where you must sue due to an accident caused by an unprotected opening in public places, a personal injury attorney becomes indispensable. They have the knowledge and skills to help you navigate intricate legal proceedings, ensuring your rights are upheld and helping you secure appropriate compensation for your injury claim.

Here are some of the benefits of working with a personal injury attorney:

1. Expertise: Personal injury attorneys understand the ins and outs of tort law, including tricky situations like accidents involving unprotected openings.
2. Negotiation Skills: When dealing with insurance companies or other parties involved in your case, a skilled personal injury attorney is armed with negotiation tactics that ensure fair compensation.
3. Legal Representation: If your case goes to trial, having an experienced lawyer by your side ensures professional representation in court.
4. Peace of Mind: The aftermath of an accident can be stressful enough without adding legal complexities into the mix. Having someone knowledgeable handle your case allows you to focus on recovery. At the same time, they take care of all the legalities associated with filing and pursuing an injury claim.

In conclusion, hiring a personal injury attorney when planning to sue after falling through an unprotected opening within sidewalks or other public places increases your chances of getting justice and the fair compensation you deserve.

Don’t navigate this complex process alone; let Daniella Levi & Associates help. Working with a personal injury attorney provides benefits like expert guidance and increased chances of success.

So, schedule an appointment by calling (718) 380-7440 or visit our website today.

In Queens, You Fell On A Public Staircase Without A Handrail. Who is Liable, and Do You Have A Case?

Queens is a city full of subways and high-rise buildings. So you can imagine the plethora of staircases one might encounter in a city that big. Such a busy city is bound to have structural deficiencies, such as missing handrails in the stairwell. If you fell on a staircase without a handrail in Queens and suffered injuries, you may have a legal case against the property owner or manager. However, to have a successful claim, you must establish that the property owner or manager was negligent in maintaining the staircase and that this negligence caused your injuries. This blog post will explore the legal concepts of negligence and premises liability to determine who may be responsible for your damages and the potential lawsuit outcome.

What Is Negligence?

Negligence is a legal concept that refers to the failure of an individual or entity to exercise reasonable care and caution, resulting in harm to another person. For example, in the context of a fall on a public staircase without a handrail, negligence could be established if it can be shown that the property owner or manager knew or should have known about the dangerous condition of the staircase and failed to take steps to address it.

Premise Liability

Premises liability in Queens is negligence that applies to property owners and managers. It holds them responsible for maintaining a safe environment for visitors, including ensuring that the property is free of hazards that could cause injury. For example, in the case of a public staircase without a handrail, the property owner or manager may be held liable for your damages if it can be shown that they knew or should have known about the lack of a handrail and failed to take steps to address it.

Who is Liable?

If the fall was caused by the property owner’s or manager’s negligence, you might have grounds for a personal injury claim. However, it is always best to consult a personal injury lawyer to understand your rights and options. To build a strong case, you will need to gather evidence to support your claim. This can include photos or videos of the staircase, witness statements, and any documentation of your injuries, such as medical records or bills. You should also keep track of any costs associated with your injuries, such as medical expenses or lost wages.

In some cases, other parties may also be liable for an accident on a staircase in a public building. For example, the architect or contractor who designed or built the staircase may be liable if the staircase was not adequately designed or constructed. Similarly, the company or individual responsible for maintenance may be liable if the staircase was not properly maintained or repaired.

Statute of Limitations

It’s also important to know the statute of limitations for personal injury cases in New York City. In New York, you must file a lawsuit three years from the accident date. If you wait longer than this, you may be allowed to bring a claim.

Suppose you can establish negligence and prove that your injuries were caused by the property owner or manager’s failure to provide a safe environment. In that case, you may be entitled to compensation for your injuries and related expenses, such as medical bills and lost wages. If you have a case, it’s a good idea to speak with an experienced personal injury attorney in New York City. An attorney can review the details of your case and advise you on the best course of action. They can also help you gather the necessary evidence and build a strong case on your behalf.

In conclusion, whether you have a case or not will depend on the evidence you can provide to show that the property owner or manager knew or should have known about the dangerous condition of the staircase and failed to take steps to address it. If you can establish negligence and prove that the lack of a handrail caused your injuries, you may be entitled to compensation for your injuries and any related expenses. It’s important to consult a personal injury attorney to help you navigate the legal process and determine the best course of action.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

What is the Difference Between Premises Liability and Personal Liability in NYC?

When you experience injury away from home, it can be confusing to understand the difference between premises and personal liability when filing a claim and pursuing compensation.  Each case, put, depends upon who was responsible for the accident.

Premises liability pertains to injuries or damages which occur on another person’s property or business due to unsafe conditions.  There is an implicit premise in the law that states that property owners, managers, or occupiers must “exercise ordinary care in keeping the premises and approaches safe.”  Failure to do so, resulting in the injury of another, is the responsibility of that same owner, manager, or occupier, leaving them responsible for the expenses relative to the injury.

Premises liability accidents often occur at locations including:

• Retail stores
• Grocery stores
• Shopping malls
• Big box stores
• Restaurants
• Sports venues
• Private residences

Premises liability claims frequently result from slips and fall on wet floors, wrinkled carpets, cracked sidewalks or pitted parking lots, cluttered walkways, or negligence.  If, for example, you slipped and fell due to water on the floor in the produce department at your local grocery store, any injuries you may suffer are the responsibility of the store due to the store and their employees’ negligence.

It is important to note that property owners and businesses are not always responsible for accidents.  Property owners and employees must be careful to maintain an implied duty of care or they may be held liable for damages due to:

• Spills, breakages, outages, and hazards on their property
• Dangerous conditions and endangering situations left unrepaired beyond a reasonable amount of time
• A failure to post adequate signage warning patrons, customers, and the public at large for perilous conditions under construction or repair
• A complete lack of due diligence to avoid accidents or damage to others

By contrast, personal liability claims refer to the actions of an individual and pertain to a personal fault.  Whenever someone personally does something negligent that causes harm to another person, the result is a personal liability claim.  This is not to say it is relative to one individual, per se; a person, company, or government agency could be at fault for a personal liability injury.

Additionally, personal liability occurs when someone else’s possession(s) is harmed by the action(s) of another.  For example, to avoid colliding with a bicyclist on the sidewalk, you collide instead with a picket fence, knocking a few pickets out of place.  Although unintentional, you are personally liable to the homeowner for the damage to their fence.

The establishment of both of these forms of liability can be tricky.  Each individual is responsible for exercising carefulness.  Even so, accidents do happen.  When they do, having proper legal representation is vital to a successful compensatory outcome.  In New York, you need to look no further than Daniella Levi & Associates, P.C.

If you were injured, you would likely experience personal and financial losses like:

• Property damage
• Medical Bills
• Medication and after-care services
• Loss of income & earning ability
• Diminished enjoyment of life
• Pain & Suffering

Parsing out whose actions caused your injuries and losses can be lengthy, costly, and extremely confusing.  Insurance companies and fault are murky waters to navigate on your own.

In New York, you can gain clarity and a timely settlement with the help of the legal experts at Daniella Levi & Associates, P.C.

Our qualified staff will provide you with the expertise and experience necessary to establish your case, the circumstances surrounding it successfully, and a winning outcome encompassing all elements of your claim with consideration for now and in your future.  We specialize in both premises and personal injury, and we are prepared to stay the course to win you the compensation you deserve.  Call us today for a free, in-person consultation.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting and using every available resource to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

I Was Assaulted at a Local Bar in Queens. Who’s Responsible?

If you have been a victim of an assault in a bar, it is important to take immediate steps to protect yourself and your legal rights. Here are some key things to keep in mind if you find yourself in this unfortunate situation

1. Seek immediate medical attention. Even if you do not think that you were seriously injured, it is important to be checked out by a doctor. Not only will this ensure that you receive the appropriate medical care, but it will also create a record of your injuries, which can be important evidence in a later legal claim.
2. Report the incident to the police. This will ensure that an official record is created of the incident, and it will also help to preserve any evidence that may be relevant to your case.
3. Gather evidence. If possible, take photos of your injuries (and if you injured a body part that is not your face, have the photo include your face as well as a time stamp of date and time); try to get contact information of any potential witnesses who saw the assault. This will be important in building a case against the perpetrator and the establishment.
4. Consult with an experienced personal injury attorney. An experienced attorney can advise you on your legal rights and options, and help you navigate the complex legal process.
5. File a lawsuit, If the bat where the assault occurred had insufficient security, and/or continued to serve alcohol to visibly intoxicated patrons, you may have a case for negligence against the establishment.

It is important to note that these cases can be complex and difficult to prove, so it is crucial to work with an experienced personal injury lawyer who can help you build a strong case and find either insurance coverage or assets to cover your loss.

In general negligence claims require a showing that the defendant had a legal duty to protect the plaintiff from harm, that the defendant breached that duty by failing to take reasonable care, and that the plaintiff was injured as a result. In a case of a bar for example that either did not have sufficient security and/or continued to serve alcohol to visibly intoxicated patrons, proof of that may be enough to prove breach of the legal duty of care.

Additionally, it is important to note that many states have laws that protect establishments from liability for harm caused by intoxicated patrons in their establishment. However, those laws, don’t protect the establishment when they fail to exercise reasonable care and continue to serve alcohol to patrons who are visibly drunk and/ or have insufficient security.

If you or a loved one have been a victim of an assault in a bar, it is important to take immediate steps to protect your legal rights. An experienced personal injury attorney can help you navigate the legal process and pursue the compensation you deserve.

It is also crucial to understand the statute of limitations that apply to assault cases vs. negligence cases, as those may impact your ability to bring a claim.

In conclusion, if you or your loved one have been a victim of an assault in a bar where there was insufficient security and/or where alcohol was served to visibly intoxicated patrons, it is important to take immediate steps to protect your legal rights. This includes seeking medical attention, reporting the incident to the police, gathering evidence, consulting with an experienced personal injury attorney and filing a law suit where appropriate. With the right legal representation you may be able to recover compensation for your injuries and hold the negligent party accountable. Call the experienced attorneys at Daniella Levi & Associates PC at 718-380-1010 for a free consultation

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

I Was Injured at an Outdoor Market in Queens. Who’s Responsible?

Crisp air, sunny weather, bustling shoppers and vendors – sounds lovely.  What could go wrong?  Farmers markets, swap meets, and outdoor bazaars are fun and fanciful places to venture, but if you are injured while attending one, who is responsible for your injuries?

Often markets of this kind are in out-of-the-ordinary locations; fields, parking lots, and areas of uneven ground.  Trips and stumbles from sidewalk cracks, rough pavement or dirt, wet grass or pavement, mud, baskets, boxes, dog leashes, or spilled food or drinks can contribute to an unexpected visit to the hospital.  Breezy days can bring rogue wind gusts, picking up tents and awnings and creating dangerous flying threats to public safety.  If this should happen to you, knowing what to do in the chaotic moments following your accident can make all the difference in the outcome of your unfortunate incident.

Market organizers make every effort to anticipate inadvertent hazards and ensure the safety of vendors and visitors alike.  Despite their best efforts, accidents still happen.  These accidents can add to severe expenses, including personal injuries or property damage.  For this reason, most markets require individual liability insurance proof from each participating vendor, or they must sign a liability waiver indemnifying the property owner should anything outside their control occur during the market.  But what if you’re a visitor to the market?  Knowing who to call for clarity and representation may decide between personal loss and full compensation.

Did the vendor properly tie down and tether their space coverings?  Were the tables and displays arranged haphazardly, contributing to your unfortunate encounter?  Was there signage to indicate a possible trip-and-fall could be a risk?  Was weather a factor in your mishap?  Was there a mess that was not correctly cleaned up and left to create a dangerous situation?

If you or anyone in your party are injured while attending an outdoor market, take photos of the immediate area where the accident occurred.  Ask those in the area for their names and phone numbers so that you may reach out to them once you’ve adequately received attention for your injuries.  If possible, seek out the organizers or management of the market and gather their information for future reference.  Call 911 if the incident warrants it, and give a complete history of what happened to your first responders.  Then call the premise injury legal team at Daniella Levi & Associates, P.C.  We are uniquely qualified to parse out the details of confusing accidents such as this, where neck, back, head, knee, shoulder, or hip injuries may take days to weeks to develop, and even longer to resolve.  We will help you assess your eligibility for a personal injury claim and be sure that you receive the personal attention, medical care, pain and suffering, legal representation, and compensation you deserve.  Establishing liability in these circumstances can be complicated; the type and amount of compensation that you could be entitled to receive will depend on very specific details.

At Daniella Levi & Associates, P.C., we take the time to review each case’s details carefully.  We want to determine who is responsible for your injuries and any losses you may have incurred.  Call today to speak with an experienced attorney.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola