Have You Been Injured on Someone Else’s Property in the Bronx?
Whether visiting a world-famous attraction like the Bronx Zoo or Yankee Stadium or simply enjoying a pleasant day outdoors in one of the borough’s 1,700 parks, playgrounds, and recreational areas, there is always something to do or see in the Bronx. But even the most idyllic outing can take a turn for the worse when a hidden danger causes a serious accident.
If you have been injured on someone else’s property in the Bronx, you may be eligible for financial recovery through a premises liability claim. To increase the odds in your favor, reach out to the Bronx premises liability lawyers at The Law Office of Richard M. Kenny, who have been fighting for wrongfully injured New Yorkers for more than three decades.
Call us at (212) 421-0300 or fill out our contact form to schedule a free consultation with a Bronx premises liability attorney.
What Is a Premises Liability Case?
Premises liability is a subset of personal injury law dealing with property-based claims. As with any other personal injury matter, a premises liability case must demonstrate both negligence and damages.
Negligence occurs when a party fails to meet a duty to exercise reasonable care to avoid causing another party harm, also known as damages. A plaintiff who sustains physical damages because of a defendant’s negligence may be able to pursue that defendant for monetary damages.
For a premises liability case to be valid, a plaintiff needs to show that:
- The property owner owed a duty to the plaintiff to exercise reasonable care to maintain safe conditions on a property;
- The owner breached this duty of care by not keeping the property reasonably safe; and
- This breach injured the plaintiff.
Proving all three elements can be more difficult in a premises liability claim than in a claim based on an incident where the connection between a defendant’s conduct and a plaintiff’s damages is more obvious, such as a car accident.
A successful plaintiff will typically argue that a property owner caused an accident by failing to:
- Inspect the property for hazards;
- Repair known hazards on the property; or
- Alert the plaintiff about known hazards.
If a property owner committed an actionable breach of duty, our Bronx premises liability lawyers will work tirelessly to find it.
Common Bronx Premises Liability Cases
A wide range of situations could form the basis of a premises liability claim. Common Bronx premises liability cases include:
- Slip and Fall Accidents – Falls are among the leading causes of accidental injury in the United States, particularly among older adults, leading to approximately three million emergency room visits annually. Bronx property owners could be held liable when defective conditions on their premises cause a loss of footing.
- Inadequate Security – Claims could be pursued when assaults occur as a result of inadequate security in spaces with a high likelihood of criminal activity, such as parking lots, where nearly 1,400 crimes are committed across the country each day.
- Dog Bites – Property owners who do not control or warn about dogs on their premises may be responsible for their attacks on lawful visitors.
- Poor Maintenance – A landowner could be at fault for injuries incurred from poor maintenance of a property, such as a head wound from a branch that fell off a dying tree that was not pruned.
- School Negligence – A Bronx student who suffers injury or abuse on school property because of negligence or improper supervision may have grounds for a claim.
No matter how you were injured on somebody else’s property, the Bronx premises liability attorneys at our firm will advise you of the best course of action to take.
Defective Property Conditions That Could Cause Harm
There are numerous defective property conditions that could cause harm, including:
- Slippery or wet floors
- Uneven or damaged stairs
- Holes in the ground
- Cluttered pathways
- Crumbling sidewalks and roads
- Exposed wiring
- Poorly contained toxic chemicals
- Uncontrolled animals
- Insufficient or nonexistent security
- Unsalted ice
Conditions of this nature could be a sign of negligence, which is a key component of personal injury claims. Our Bronx premises liability lawyers are proficient at uncovering misconduct on the part of property owners.
Were You Owed a Duty of Care?
To prevail in a premises liability case, you must prove that you were injured because a property owner breached a duty of care. But were you actually owed a duty of care? And what did that duty really entail?
In the State of New York, a property owner’s duty of care extends to those who are lawfully visiting his or her premises. Generally speaking, lawful visitors can be grouped into one of two categories:
- Invitees – An individual who is permitted on a property for commercial or business purposes is considered an invitee. Classic invitees may include shoppers at a store or guests at a hotel.
- Licensees – Someone who has permission to be on a property for non-commercial or non-business reasons is classified as a licensee. Family members dropping by for a visit or guests at a party would be licensees.
Anyone who is on a property in the state without permission would be categorized as a trespasser. While trespassing is illegal, New York property owners may still owe a limited duty of care to trespassers, though the extent of that duty may depend on the trespasser’s age.
- Adult Trespassers – If a property owner knows that a trespassing adult is on the premises, he or she has a duty to warn the trespasser of any dangers present, such as an electrified fence.
- Child Trespassers – Trespassing minors may merit a heightened level of care from New York property owners, especially if the property features an “attractive nuisance,” which is a hazard that may be especially appealing to a child, such as an uncovered pool. New York courts have consistently ruled that property owners who do not adequately warn about or fix attractive nuisances may be civilly liable when they injure child trespassers.
As you can see, what you were doing on a property in the Bronx at the time of your accident will heavily influence your ability to receive compensation for it. Our premises liability attorneys can determine if the facts leading up to your injury justify a claim.
How Our Premises Liability Lawyers Can Make a Difference
No matter if it happens in a private home, a commercial establishment, or a public facility, a major accident can turn your world upside down. Seemingly overnight, you could be forced to deal with exponential medical bills and other unforeseen costs, possibly while you are too hurt to go to work. Making ends meet can become a struggle, much less managing the newfound demands on your family’s pocketbook.
To overcome these challenges, consider doing what so many others have done before you and get in touch with the Bronx premises liability lawyers at The Law Office of Richard M. Kenny, who have achieved top outcomes for premises liability clients, including:
- $3 million for a man who tripped in a parking lot
- $3.5 million verdict for woman who slipped on icy condition created by property owners faulty snow removal practices
- $1.5 million settlement for victim of Rottweiler attack
- $775,000.00 for an individual who stumbled on broken pavement
If you choose to retain our firm, we will launch a thorough investigation into the causes of your accident and everyone who may share blame for it. Our Bronx premises liability attorneys are fully versed with all applicable building codes and regulations in the State of New York and can identify negligent breaches of duty within the time allotted by law.
Get Compensated for All Your Losses
Once we have put together an airtight case against the at-fault parties, we will negotiate directly with their insurance companies and legal representatives to reach a settlement that compensates you for all your losses, including:
- Medical expenses – The bills for related hospitalizations, surgeries, procedures, prescription drugs, assistive devices, and past, present, and future treatments may be taken into account.
- Lost income – Funds may be available for the income you lost after your accident as well as for any reduction in your long-term earning potential in the event of permanent impairment.
- Pain and suffering – Non-economic damages such as pain and suffering, psychological and emotional anguish, and diminished quality of life may be considered.
- Loss of consortium – Your spouse may be able to make a claim for deprivation of the benefits of an intimate marital relationship caused by your injuries.
- Punitive damages – In order to discourage similar misbehavior from others, New York courts sometimes impose greater penalties on defendants who display “willful or wanton negligence” or a “high degree of moral turpitude.”
And unlike many of our competitors, who rarely, if ever, see the inside of a courtroom, we are more than willing to go before a judge or jury if we do not receive an offer that is worthy of your case. We have fought for clients in hundreds of trials throughout the Bronx, Manhattan, Brooklyn, and Queens.
No two cases are exactly the same, but our premises liability lawyers will always strive to maximize the value of yours.
Our No Fee Guarantee®
We realize you may be concerned about additional expenditures when you can least afford them, so you may be happy to learn that it will cost you nothing up front to hire us because we work on a contingency fee basis. Only when our Bronx premises liability attorneys bring your case to a satisfying resolution will we seek reimbursement for our expenses and a fee for our services, usually as a percentage of your verdict or settlement.
Let The Law Office of Richard M. Kenny shoulder the burdens of building up your case so you can focus your efforts on building up your health.
Talk to a Bronx Premises Liability Lawyer Now
With more than $350 million recovered in verdicts and settlements and more than 100 years of combined experience, The Law Office of Richard M. Kenny has what it takes to get you and your family what you deserve. If you have been hurt because of somebody else’s recklessness, talk to a Bronx premises liability lawyer now to explore your legal options.
You can arrange a complimentary case review with one of our accomplished Bronx premises liability attorneys by calling (212) 421-0300 or filling out our contact form.
The Law Office of Richard M. Kenny
151 E Tremont Ave, Bronx, NY 10453
