Category: Premises Liability

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

My Child Was Hurt at School. Is the School Liable For Injuries?

School is back in session… homework, early mornings, after-school programs, rush, rush, rush!  So many things to do, remember and attend.  Children, children, everywhere!  With all of the frenzy each day, no parent anticipates unforeseen peril for their child when sending them to school, but as they say, accidents happen.

Children can encounter unexpected mishaps at school in a variety of ways. The most common causes of injuries at school include:

Playground Misadventures

Emergency rooms see more than 200,000 children injured on the playground yearly, with nearly 10% of those injuries resulting in traumatic brain injuries.  Falls while playing on slides, swings, play structures, and jungle gym equipment account for a great deal of the cuts and contusions, scrapes, sprains, broken bones, and head traumas seen during these visits.

Sports-Related Injury

Whether occurring in P.E. class, the gym, or extracurricular sporting events, sports-related injuries in children 14 or younger approach 3.5 million in this country each year, with another 2 million occurring at the high school level.  Contact sports like football, rugby, field hockey, and soccer contribute to more than 20% of traumatic brain injuries reported. At the same time, baseball and softball account for the alarming increase in shoulder and elbow injuries in both boys and girls.  While proper protective gear is necessary, not every accident can be anticipated or avoided.

Hazardous Grounds Conditions

School grounds maintenance is a full-time job whether the school is in session.  Slippery steps, leaky water fountains or restroom facilities, over-used desks, sidewalk cracks or loose carpeting or tile, unsafe food-handling procedures in the lunchroom, worn, weakened playground equipment – cafeteria, janitorial, and maintenance staff cannot anticipate every potential hazard before injury occurs.  While fire drills are routinely scheduled for the safety of all students and staff onsite, other such routine upkeep and allowances can be elusive.  As a consequence, unforeseen accidents happen.  Whether a repercussion of oversight or negligence, your child’s school failed to meet a reasonable standard of care and may, therefore, be responsible for your child’s injuries.

Interpersonal Conflict or Bullying

As a parent, one of the most frightening aspects of your child suffering an injury at school is the risk of interpersonal violence with another student.  Sadly, bullying has always been one of the biggest risks among children.  While a spontaneous outburst can lead to physical confrontation, bullying may take many non-physical forms as well, affecting a child psychologically and emotionally.  Bullying has been defined as “any written, physical, or verbal threat that impedes another student’s right to a safe school environment.”*  If a child feels threatened or unsafe at school, the emotional, mental, or physical effects upon their daily performance cannot be overlooked.  Conditions such as these make it impossible for students to benefit from or participate in simple school activities, learning, or other standard scholastic programs and services.

Has your child been harmed or injured while at school?  You may have legal grounds for recourse.  Having a personal injury attorney on your side can help you discern what your child’s rights are and where you go from here.

Establishing your child’s school’s duty of care toward your family and all of the school’s student body is critical in determining whether or not there has been a breach in their providing a safe environment for all students – and your child, in particular.  Failure to provide a secure facility, appropriate staff supervision, or sound building or equipment conditions is negligence.  While not every situation may be anticipated or avoided, due diligence must be consistent in standard operating procedures for a school to avoid a negligence claim and liability for failures in their duty of care.

Cases involving injuries to school children are complex.  If you believe your child has been harmed or injured. At the same time, at school, call Daniella Levi & Associates, P.C.  We are uniquely qualified and experienced in establishing the context and evidence necessary to litigate the intricacies involving school injury liability.  If other children were involved, our legal team would work to pursue the appropriate parental/guardian responsible party(s) and see that your child is comprehensively compensated for their child’s actions.

Public vs. Private Institutions

Public schools and employees are generally considered government employees and can be legally held accountable. However, the time frame to commence such actions is limited.

By contrast, private schools are legally held accountable like any other private entity where liability is concerned.  As such, a private school can generally be held legally responsible for negligence and other offenses in a court of law, with most cases being settled with the school’s insurance provider.  In either case, there may be different standards and statutes of limitations for filing a lawsuit.

If your child has been injured at school, first and foremost, seek medical care as needed.  Request that the school document the injury and demand a copy of the incident report.  Notify your child’s school district office directly.  If the injury resulted from a sport or other school program, request a copy of any waiver form you may have signed about that particular activity.  Take photos of any visible injuries, and request copies of all related bills and records from medical providers, physical therapists, prescriptions, or additional services pertinent to your case.

Finally, make a call to Daniella Levi & Associates, P.C.  Our team of experienced personal injury and accident attorneys can assess your case and help guide you through the legal process to pursue compensation for the physical, emotional, and financial impact of your child’s injury.  We are here to help.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of 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.

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

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

Who Is Responsible for Trimming the Trees in Front of My Property?

Changing seasons – Winter, in particular – can wreak havoc on the trees lining our city streets and neighborhoods.  Storms bring down branches, and sometimes entire trees, upon yards, cars, homes, and streets, causing incalculable hazards, inconveniences, and injuries.  Whose responsibility are these trees, though?

Per NYCGovParks.org, The Department of Parks & Recreation (DPR) in New York “has jurisdiction over all trees growing in the public right-of-way, including trees along streets, parkways, and in city parks.”  Further, DPR is responsible for routine annual pruning for these trees. However, DPR does not accept requests for routine maintenance of street trees, with the following request exceptions:

• Dead or damaged trees or limbs;
• Trees or branches that are blocking streetlights, traffic signs, or signals;
• Blocked street or sidewalk access;
• Property damage directly resulting from fallen trees or limbs;
• Trees, limbs, or branches are directly in contact with live power or telephone lines.

It is essential to understand that the City of New York is not responsible for any tree on private property.  On occasion, however, the New York Department of Transportation (DOT) may find it necessary to enter private property to remove a tree or limb posing a danger to the traveling public.  Before doing so, DOT will attempt to notify the landowner, whenever feasible, of their plan to remove the offending debris.

Whether requested or not, DPR, in cooperation with DOT, is responsible for removing hazardous trees and limbs as part of their regular day-to-day maintenance operations.  DOT, working through its staff and contractors, cuts or prunes trees to address the following safety concerns:

• Remove dead or dying trees or limbs that are likely to fall on the highway.
• Maintain sight distance at intersections and along the roads.
• Maintain clear zones along the roadside by removing trees/brush that are or could become dangerous fixed objects.
• Prevent growth from shading roads in winter.  Shading prevents the sun from melting ice, requiring extra salt and deicers.
• Remove growth that causes snow drifts on the right of way.
• Improve the roadside appearance and open vistas to the surrounding landscape.
• Remove trees that are invasive species.

DOT seeks the public’s assistance in promptly reporting any trees or limbs on the roadway that they consider potentially dangerous to travelers and workers.  DOT employees and contractors strive to achieve the highest level of safety when maintaining existing roads, designing new roads, and removing potentially hazardous conditions.^

Finally, per the New York City Administrative code:

§ 18-105 Trees under private or public ownership; care and cultivation.

“All trees in streets, which on the investigation are found to be without ownership, shall be under the exclusive care and cultivation of the commissioner, and such commissioner shall employ the most improved methods for the protection and cultivation of the trees selected for preservation, and remove those condemned as unfit for cultivation. Trees found to be in the care of individual owners, corporations, societies, or associations, shall not be subject to the commissioner’s jurisdiction unless the owners thereof make a written application to the commissioner to have such trees transferred to his or her care. If the commissioner approves the such transfer, he or she shall assume full control thereof, and the former owner shall be relieved of all expenses connected with the cultivation of such trees. In all cases where landowners, societies, or associations elect to plant and cultivate their trees in streets, such planting and cultivation must conform to the rules and regulations adopted by the commissioner. The commissioner may, however, on the written application of any land-owner, plant and cultivate trees on the streets adjoining his or her land and charge for such service an amount not to exceed the actual cost to the department for labor and materials.”

In short, the City of New York is responsible for reasonable and routine pruning and care of trees along the street in front of your house.  If, however, you experience personal injuries due to falling debris or trees due to the neglect of the City, we encourage you to call the legal team at Daniella Levi & Associates, P.C.  The premise liability lawyers at Daniella Levi & Associates, P.C. understand the effects of public nuisances upon New Yorkers in cases such as these.  Our legal team is here to help you get the attention, response, and benefits to which you are legally entitled.

^www.dot.ny.gov

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of 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.

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

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