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Category: Premises Liability

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to premises liability.
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Someone Broke Into My Car at the Grocery Store. Can I Sue the Store?

You park your car, grab your bags, hit the lock button on the key fob, and dash into the store for just a few items, but when you run back out again – hands full – you discover your car has been broken into! What do you do? Who do you call? There aren’t any witnesses around… is it the store’s fault?

Sadly, the answer is more than likely no. Unless the store had prior notice of an unusual number of break-ins in their lot for the time period immediately prior to your car’s damage and they did not take reasonable action in response to them, it is very difficult to hold them responsible. If, however, your vehicle was harmed as a result of the facility’s neglect or misconduct and/or they did not act with the care necessary under these circumstances, you may have a legitimate negligence claim.

Immediately following the discovery of damage or theft from your car in a grocery store parking lot, call 911 and notify store management. Ask to see if they have any security cameras of the area where your car was parked, and scan for witnesses who may have seen something and can provide an eyewitness account of the incident. Take photos of the area and the damage as you discovered it. Ask the store to fill out an incident report and request a copy to provide to the police and to your automobile insurance company. You’ll want to contact them to inquire how they recommend handling the damages, and you’ll want to call the legal professionals at Daniella Levi & Associates, P.C.

We are dedicated advocates for our clients, fighting to get to the truth of what happened and using every available resource to obtain the compensation they deserve. We are proud to provide personal attention through our team of dedicated professionals, aggressive advocacy, open communication, and caring guidance. We understand the fundamentals of automobile insurance, personal loss, and financial challenges that arise following an incident resulting in unexpected damages. We work with you and for you to help you recover that which you deserve.

Seldom does the store readily assume responsibility. Proving negligence on their part can be difficult. Your committed legal specialists at Daniella Levi & Associates, P.C. are uniquely qualified in the state of New York to pursue those at fault for your losses, ensure quality repair to your damaged vehicle, and get you safely back on the road as soon as possible. We will reconstruct and analyze the conditions that led to the damage to your vehicle in order to acquire the maximum compensation for the harm you’ve sustained and any losses from theft you may have incurred. Our mission is to make you – and your vehicle – whole again.

With more than 75 years of combined experience, Daniella Levi & Associates, P.C. have successfully recovered more than $100 million for our valued clientele. We ask nothing of you to take your case, and we never collect anything unless we recover compensation on your behalf. If your car was broken into in a grocery store parking lot, give us a call today.

worker hurt while on the job

Premise Liability Slip and Fall

Premises liability in New York deals with unsafe property conditions due to the owner’s lack of maintenance or care, resulting in injury to someone who enters the property. In a premises liability case, such as slip-and-fall, the injured party may need to supply proof that the property owner is liable. The first step involves the injured party proving he or she was legally on the property. The second step in a premises liability claim is proving that the owner failed to fix or block off danger on the property that a reasonable person would recognize.

If someone is injured while legally on someone’s property and the property is dangerous in some way in which the owner is aware but did not warn the guest or fix the problem, the owner is liable. Generally, this is if the owner permitted access to the property. For instance, if an object goes into someone’s yard, which is locked with warnings to stay out, and the owner allows the object’s owner to retrieve it, the property owner is granted entrance. If a dog waits inside the fence and the object’s owner is bitten, the property owner is liable.

If a worker is injured due to dangers on a property known to the owner, the property owner is responsible. If someone trespasses and is unknown to the owner, the owner may not be liable for injuries that the trespasser suffered. The exception to this is if there is a danger on the property that the property owner knows would attract children, such as an unfenced pool.

An attorney could help someone prove that their injury was due to an owner’s negligence by reviewing the circumstances surrounding the incident. The attorney may file a personal injury claim to help the individual recover financial damages from medical care and time lost at work.

What you should know about slip-and-falls

Most people fall at least once in a while. At times, falls happen when a person isn’t paying attention to the environment around them and as a result, they lose their footing. Some falls happen to people who have a medical condition that affects their concentration or balance. Most of the time falls that happen for these reasons do not qualify for slip and fall personal injury insurance claims. However, if the reason for your fall can be directly connected to some mismanagement of property by the property owner, it is possible that you will be able to gain compensation for your injuries.

Deciding Whether Your Fall Is Your Fault

Before you file a personal injury case against a property owner, it is important to go through the details of your accident in order to determine whether you should have reasonably been able to avoid the fall. Slip-and-fall accidents aren’t limited to people who slip on some surface, such as an icy sidewalk or wet floor in a shopping mall. Other causes may include broken floor tiles, uneven sidewalks, potholes, objects on stairs, lighting lower than expected, and more.

Reasonable Expectations

If the accident happened at least partly because of your own carelessness or clumsiness, there is a good chance that the court and/or insurance company will base compensation on a certain level of comparative negligence. People are generally expected to conduct themselves in a way that will mostly keep them safe. If you tripped on an uneven sidewalk and sustained injuries from the fall in part because you were reading text messages on your phone, fault will likely be determined based partly on your own inattention and the property owner responsible for that particular patch of sidewalk. As a person walking, you should reasonably be able to expect the sidewalk to be relatively smooth, but you should also be expected to watch where you are walking.

Rules Of Negligence

Whether a person is eligible to make a claim, basic rules of negligence need to be looked at and the claimant needs to show that the property owner had the power to prevent the accident by being more attentive to the condition of their property. Some things you need to prove are:

  • The property owner or manager either knew about a hazard, or should have known, and did not take steps to correct the issue
  • The property owner or manager could have prevented the accident, but did not
  • Someone else put in a similar situation would likely suffer injuries as well

Framing A Claim Or Lawsuit

If it is determined that a slip-and-fall lawsuit is plausible, the claimant (person who fell) and their attorney need to identify who should be held responsible and prepare their case as to why. While this may be the property owner, it may also be a landlord or business order or an employee or tenant. If you’ve been injured in a slip and fall accident in the New York City area, an experienced Accident Attorney can discuss the circumstances of that accident and help you determine whether pursuing a lawsuit is the best course of action for your situation.

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Case for a Car Damaged while Getting the Oil Changed

My Car Was Damaged Getting the Oil Changed. Do I Have a Case?

With such a busy schedule, you bring your car to a local chain for an oil change, but when you start it up and drive it out of the parking lot, the check engine light comes on, and the car jerks and sputters, and it just goes downhill from there. What do you do?

Garages and mechanics have liability insurance plans at their disposal, as well as an additional coverage known as Garage Keepers Insurance.  If your vehicle was harmed as a result of the facility’s neglect or misconduct and/or they did not act with the care necessary under the circumstances, you may have a legitimate negligence claim.

Immediately following an oil change or other automotive maintenance service, walk around the vehicle prior to sitting in the driver’s seat.  Carefully inspect your car to see that the hood is properly latched and that nothing is impeding its ability to do so.  When you start the engine, review the dashboard indicators to ensure none of the lights are lit that should not be.  Turn the car on; if it doesn’t sound right, turn it off immediately.

In the event that you hear something other than your engine’s purr, you will want to notify the facility’s management right away.  Make note of their response.  Ask for and retain a copy of the original oil change repair order and the receipt for services performed.  If the establishment is part of a franchise, chain, or dealership, you may wish to inquire as to the appropriate department and contact information for submission of your complaint.

If you have already left the property and you experience engine trouble, pull the vehicle to a place that will not inhibit traffic (if you are able), and turn off the engine.  Contact a towing company for assistance, being sure to get a copy of the towing bill.  This will provide a record of the duration of time since you left the shop and serve as evidence of the immediacy of your vehicle’s malfunction.

Your next call should be to Daniella Levi & Associates, P.C.  We are dedicated advocates for our clients, fighting to get to the truth of what happened and using every available resource to obtain the compensation they deserve.  We are proud to provide personal attention through our team of dedicated professionals, aggressive advocacy, open communication, and caring guidance. We understand the fundamentals of liability insurance, personal loss, and financial challenges that arise following an accident or incident resulting in unexpected damages.  We work with you and for you to help you recover that which you deserve.

Seldom does the at-fault facility readily assume responsibility.  Following damages resulting from negligence during an oil change, it is their burden to prove they are NOT responsible.  Your committed legal specialists at Daniella Levi & Associates, P.C. are uniquely qualified in the state of New York to pursue those at fault for your losses, ensure quality repair to your damaged vehicle, and get you safely back on the road as soon as possible.  We will reconstruct and analyze the conditions that led to the damage to your vehicle in order to acquire the maximum compensation for the harm you’ve sustained.  If your engine is blown, you could find yourself paying for expensive out-of-pocket repairs or stuck without a vehicle entirely.  Our mission is to make you – and your vehicle – whole again.

With more than 75 years of combined experience, Daniella Levi & Associates, P.C. have successfully recovered more than $100 million for our valued clientele.  We ask nothing of you to take your case, and we never collect anything unless we recover compensation on your behalf.  If your car was damaged during an oil change, give us a call today.

i was stuck in an elevator for hours! can i sue the business daniella levi & associates p.c.

Can You Sue for Being Stuck in an Elevator?

I Was Stuck in an Elevator for Hours! Can I Sue the Business?

A stuck-in-an-elevator lawsuit is possible, and you can sue the elevator manufacturer, the maintenance company, or the building owner for negligence and emotional distress if you were stuck in an elevator. This type of litigation would be considered a personal injury and you may be able to receive compensation for any medical bills, lost income, or emotional stress.

In many elevator lawsuits, the elevator manufacturer, the elevator maintenance company, or the building owner may all be sued for negligent infliction of emotional distress. To win such a claim, victims will have to show:

  • Duty — The defendant owed some kind of duty, usually the duty to maintain, to the victim.
  • Breach — The defendant failed to do his duty. Usually, this means the manufacturer created a dangerous and unsafe elevator, or the maintenance company failed to make necessary repairs.
  • Causation — The elevator’s malfunction caused the victim’s injuries.
  • Damages — The victim suffered harm, such as mental distress, and damages.

Usually, the question of damages is the hardest to prove. To get damages for emotional distress, courts often require the distress to be connected to or manifested as some kind of physical injury. So, unless you suffered an injury such as a broken bone when the elevator dropped abruptly, or an ulcer caused by stress and fear, you may not be able to win any compensation.

If the elevator incident resulted in the death of someone, that would typically be covered under a wrongful death claim, and several factors will need to be investigated. Was there someone responsible for the accident that could have been prevented? Was the duty or negligence the responsibility of the business, owner, or manufacturer? These are all different factors than just being stuck for several hours.

We don’t diminish the effect that being trapped in an elevator can have on someone, while some people will consider it a minor inconvenience, there are people who will no doubt suffer a level of stress and anxiety that was brought on by the event. If you can show that being stuck caused mental anguish that was not previously there prior to the time trapped then we may potentially have a case.

It’s important to have documentation of not only your mental state prior but how this had affected you since the time you were stuck. Has this affected your work? Your relationships? How has traveling and visiting businesses been different for you? Do you have anything to help support that you have been unable to effectively cope with the undue mental stress that was placed upon you as a result of the incident where you were stuck in an elevator for hours?

We welcome you to share your experience with us and are dedicated to helping you uncover who is ultimately responsible for the elevator event, how can it have been prevented, and how you can overcome the burden that was placed on you through the ordeal.

If you’re ever injured after being stuck in an elevator, consult an experienced personal injury attorney like Daniella Levi & Associates P.C. for help.

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I Was Physically Attacked at the Grocery Store.

Can I Sue the Store? What is The Responsibility of the Store?

Yes, you may be able to sue the owner of the store, however, there are a few things to consider. First, was the attacker an employee of the store or a store patron. Depending on the answer, there would be different things you would need to show to prove that the store owner was negligent and therefore responsible. Having an experienced legal team on your side will be fundamental to your victory in court.

Were you attacked in a store?  Who perpetrated your assault?  Was it a random stranger?  Another customer?  An employee?  This element of your case will be important in determining whether the store had any responsibility in the attack.

Suing the grocery store after getting attacked by someone in it can be a complex endeavor. You will need an experienced personal injury lawyer on your side to prove that the store was negligent in the attack. Contact the legal team of Daniella Levi & Associates.

New York personal injury legal team

If you are attacked in a grocery store in New York, contact the top premise injury lawyer team in New York – Daniella Levi & Associates. You will have an entire firm dedicated to your case. Your legal team will work persistently to secure the maximum compensation for your injuries. Call us today for your free consultation.

At your first visit to our office, you will meet the team you will work with throughout your case.  Together, we will carefully review the details of your case so we can advise you of your rights every step of the way. In addition, we will be in constant communication with you, so you will always know the progress in your case.  We will be available to answer any questions regarding your case when you have them.

We know you want a resolution to your case as soon as possible; we believe it’s best to work proactively rather than reactively.  Our goal is not simply a quick and easy settlement – we won’t rest until we have secured a win for you.

Ceiling Collapse - What to Do?

Ceiling Collapse – What to Do?

What Should Someone Do if a Ceiling Collapses on Them?

Wow, the ceiling of your apartment just collapsed and you have no idea what to do. If you have been trapped under the collapse, you should call or seek help right away. Also, you should obtain medical treatment immediately if you were injured in the collapse. Once you are medically stable, you can then pursue restitution for your injuries and medical bills. If you have lost wages or have other issues due to a ceiling collapse, you are entitled to be paid for those as well.

The ceiling should be tested for asbestos to ensure that you were not exposed to asbestos, which can carry lifetime health issues. If you are not sure what to do as a victim or as the property owner, you should seek the advice of a premise property lawyer.

What Is a Premise Property Lawyer?

A premise property lawyer is a lawyer who specializes in premises liability law. In defective premises lawsuits, they can represent plaintiffs (the injured persons) against the defendants (the owners of the premises and their management company).

They will typically take cases involving slip and fall accidents, dog bites, and other injuries ( in this case, a fallen ceiling) that occur on private property. Premise property attorneys lookout for the best interest of those in their care to ensure everything is handled as it should be.

There could be a number of reasons for a ceiling to fall, from someone leaving the water on in the bathtub to neglect from the building’s owner. These reasons are some of what is looked at in a case such as this. We work to get to the bottom of the case and determine who exactly is at fault for the injuries.

What are some causes of Ceiling Collapse?

Ceiling collapse is caused by a variety of things that happen in the home.

Some of the most common causes of ceiling collapse are:

  • Heavy Objects: Furniture can cause a lot of stress on a ceiling, and if not properly supported, it can collapse.
  • Water: Heavy rain or water leaks can make ceilings weak and give way to an inevitable collapse.
  • Poor Ventilation: Drywall is usually made with gypsum, which is very sensitive to humidity and moisture, which can cause failure.

While having a ceiling collapse is not something anyone hopes for, it can happen. When it does, you need to call a premise negligence lawyer right away. It doesn’t matter if you are the owner of the building or the one injured. You need to seek legal help to protect yourself and your health.

We are personal injury attorneys that help injured victims in their fight with insurance companies. In addition, as premise negligence attorneys we help the victims. We take the time to investigate the case and determine the actual cause of the ceiling collapse. If you have been injured in a collapsed ceiling or from other negligence of a building owner, you might be eligible for compensation. Call now.

Ceiling Collapse – What to Do?

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