Premises Liability Lawyers Fighting For Victims Injured On Unsafe Property

You never expect an accident to happen when you are out and about. You assume stair railings and pathways to be stable. Unfortunately, that’s not always the case. When property owners fail to keep their buildings and land safe, you are at risk of injury.

At Rosenthal Kooshoian & Lennon, LLP, we know the laws property owners must abide by. When you are injured due to their negligence, our attorneys are here to advocate for justice on your behalf. You are entitled to compensation for expenses and losses like medical bills, lost wages, pain and suffering and more. For over 70 years, we have successfully represented individuals and families injured by defective property conditions and negligent property owners.

Property Owner Obligations Under The Law

In New York state, the law requires both commercial and residential property owners to maintain their property in a reasonably safe condition, undertake reasonable inspection of their premises, discover defects and hazards, take reasonable steps to fix any hazardous conditions, and provide adequate warnings or take precaution in preventing those on their property from being injured by any such hazards.

Commercial establishments in Buffalo and Niagara Falls, including shops, stores, malls, restaurants and gas stations that invite the public daily to their property and premises, have a great responsibility to ensure the property they invite their patrons to is safe for public use. Although this seems like an obvious and simple task for commercial businesses to complete, we often find that our clients are injured on these commercial pieces of property because the business owner and/or property manager does not want to spend the time or the money to make a simple fix to a hazardous condition. Whether it is a failure to fix dangerous potholes, decrepit or cracked concrete, or improper drainage, or failure to remove snow and ice, this type of negligence can cause significant and permanent injuries to our clients.

The same goes for residential landowners, homeowners and sometimes even our neighbors. Failing to clear snow and ice; leaving walkways and driveways uncured; and permitting potholes, poor asphalt, choppy concrete, unsecured railings or stairs, or exposed piping, are all actions that can lead to injury, just to name a few. New York law allows victims to hold these parties accountable for any such conditions that cause injury to unsuspecting invitees, passersby or users of their property.

Working To Establish Negligence In Premises Liability Matters

In Buffalo, NY premises liability claims, our personal injury attorneys at Rosenthal Kooshoian & Lennon, LLP, work diligently to determine what type of insurance coverage is in place and whether reimbursement for immediate medical bills is available, as well as to undertake a prompt investigation into the cause of the property hazard that led to the injury. We ask all the necessary questions, such as:

• Was the property owner aware of the condition?
• Were there prior complaints or injuries due to the hazardous condition?
• Is the property in violation of any local code or ordinance?
• Did a property inspector advise the property owner to fix the problem, and if so, why was it never done?

When proving negligence after a slip-and-fall accident or any other dangerous property incident, it is important to show that the property owner knew or should have known about the hazard, had time and opportunity to correct it and failed to do so. This is often more difficult than it sounds, so it is important to work with a skilled premises liability lawyer like those at our firm.

Answers To Common Premises Liability Questions

Below, we provided answers to some of the questions clients most often ask us about premises liability law.

What are the most common types of dangerous property accidents?

There is no shortage of ways to get hurt on hazardous property. Some of the most common include:

• Slip-and-fall accidents on wet floors, icy sidewalks and parking lots
• Trip-and-fall accidents in retail stores due to poorly placed merchandise, shopping carts/baskets and other items left in unexpected places
• Accidents involving elevators and escalators in malls, department stores and apartment buildings
• Assaults in parking garages, apartment complexes, and other areas due to negligent or inadequate security
• Stairway accidents due to uneven stairs, broken or missing handrails, poor lighting and other hazards
• Burn injuries from fires and explosions on properties with fire hazards and code violations

No matter how you were injured, our premises liability attorneys are ready to inform you of your rights and legal options. Furthermore, if a catastrophic injury incurred, it become even more important to act quickly and contact a premises liability lawyer to help obtain legal justice to cover high medical bills and change-of-life costs.

Can I still seek compensation if I was partially at fault for the accident?

Yes, you can. New York recognizes a legal principle known as comparative negligence. Under this principle, a jury or court may assign blame to both you and the other party. You are allowed to sue for damages regardless of your level of fault, but your damages would be reduced by the percentage of fault assigned to you. If you were 10% to blame, for instance, you could still recover 90% of the damages you were seeking.

That being said, property owners often try to absolve themselves of responsibility by shifting blame onto the victims. We don’t want you to reduce your compensation by accepting any undeserved fault, and we will fight to ensure that the truly negligent party is held accountable.

What should I do after being injured on dangerous property?

You must seek medical care immediately if you need it. While waiting for an ambulance, it is a good idea to take pictures of the scene (especially the hazard that caused your injuries), get the contact information of witnesses and inform the property owner/manager that the accident happened.

Once you’ve left the scene and received the necessary medical care, contact our office to discuss the next steps. Time is critical in the aftermath of a dangerous property accident, and we’ll begin working on your case right away.

Tell Us About Your Accident In A Free Consultation

If you or someone you know has been injured through the poorly maintained property of another, please call us today at 716-800-3442 for a free consultation with a premises liability lawyer to be advised of what your rights and responsibilities are in a situation such as this and to ensure that your rights to a potential recovery for compensation for your loss are both adequately protected and exercised.