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Determining responsibility in premises liability cases

New York City residents who have been injured while on commercial or private property owned or occupied by others have certain rights. The legal theory behind premises liability statutes makes property owners and occupants legally liable when others suffer accidents and injuries while on their property.

These rights include having a reasonable expectation that you will not be injured on the property under normal circumstances such as delivering a package or eating a meal in a restaurant. But, as with all laws, there are some caveats. If a Fedex driver slips on a slick patch of ice on your steps while delivering your package, he may be able to file a claim against your homeowner’s insurance or even sue you. You also assume liability even if you don’t own the property but are occupying it. However, if the same deliveryman is impaired or intoxicated when he falls, his claim may be invalidated.

While it may seem quite unfair, trespassers on your property have limited rights. For instance, if a store owner who has been burglarized many times rigs his shop door or window so that someone attempting unauthorized entry triggers a gunshot or other artificial condition that can cause death or serious injury, he may be liable for their injuries if he did not give reasonable warning. If the artificial condition is quite obvious, say a visible tiger or other exotic animal patrolling the premises, he may not be liable for trespassers’ injuries.

Owners of venues like nightclubs and bars have to reasonably protect their patrons from harm. This could include hiring off-duty police or other security guards during regular business hours or special events to insure patrons’ safety. They must also make sure that their business site is up to date with all fire and city codes and can pass inspection.

Liability may be limited via comparative fault, which determines that a visitor bears a certain level of responsibility for the occurrence. Comparative fault due to their own negligence can reduce and limit legal damages by the percentage that equals their guilt in the incident.

Source: FindLaw, “Premises Liability: Who Is Responsible?” Aug. 14, 2014

Verdicts &
Settlements

$3.75 Million

settlement for a construction worker injured by falling metal mesh

Verdicts & Settlements

$3.5 Million

Million for a carpenter injured on a construction site by a falling metal clamp

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$3 Million

for a 35 year old Carpenter injured when his arm became partially impaled on an improperly exposed metal support (rebar) at a construction site.

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$2 Million

for a woman who sustained multiple serious injuries after being struck by a hit and run driver in Manhattan.

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$1.825 Million

Verdict for a 29 year old construction worker injured during the building of the World Trade Center Memorial.

Verdicts & Settlements

$1.475 Million

for a Carpenter who was injured when the scaffold he was working upon collapsed.

Verdicts & Settlements

$1.2 Million

for a 35 year old Cement and Concrete worker from Queens who sustained serious injuries to his back when he slipped on debris and refuse.

Verdicts & Settlements

$1.2 Million

for a Construction worker and young father in the Bronx who was fatally electrocuted while on a scaffold.

Verdicts & Settlements

$950,000

for two sisters in high school who sustained serious injuries when struck by a vehicle that mounted the sidewalk in Brooklyn as they waited for the bus to take them to school.

Verdicts & Settlements

$825,000

for a woman injured as a passenger in an accident involving a bus and a car in the Bronx.

Verdicts & Settlements

$777,000

for an Ironworker on Long Island who sustained serious injuries when he fell from a ladder which slid out from under him due to icy footing.

Verdicts & Settlements

$750,000

for a surgeon who sustained a broken knee in a motor vehicle accident (January, 2017).

Verdicts & Settlements

$660,000

verdict for a 35 year old Cement and Concrete laborer who was injured when the scaffold he was walking upon collapsed.

Verdicts & Settlements

$650,000

for a cement and concrete worker who slipped and fell over construction debris.

Verdicts & Settlements

$650,000

for a Cement and Concrete worker who injured his back as a result of slipping upon a discarded pipe and falling down a flight of steps.

Verdicts & Settlements

$500,000

for a Nursing Home resident injured due to lack of proper care.

Verdicts & Settlements

$325,000

for a woman who sustained multiple serious injuries to her shoulder as a result of a trip and fall upon a defective sidewalk at a construction project in Manhattan.

Verdicts & Settlements

$250,000

verdict in the exact amount demanded by our office for our client, but refused by the responsible defendants, was awarded by the jury to our client who sustained a fractured elbow as a result of a fall upon a badly broken sidewalk.

Verdicts & Settlements

$325,000

for a young woman who sustained a fractured ankle as a result of a fall on soapy steps in her apartment building in the Bronx.

Verdicts & Settlements

$495,000

for a young mother who was struck by a car while crossing the street near her home in Queens sustaining serious injuries to her leg requiring the surgical placement of a metal plate and screws.

Verdicts & Settlements

$600,000

for a woman who sustained multiple injuries as a passenger in a motor vehicle accident.

Verdicts & Settlements

$425,000

was secured by our office for a Cement and Concrete worker injured when a work area collapsed beneath him.

Verdicts & Settlements

$400,000

for a woman struck from behind by a car as she walked to a supermarket in a shopping center parking lot in Yonkers.

Verdicts & Settlements

$200,000

for a young man, 15 years of age, who sustained a partial tear of the rotator cuff of his right shoulder, which has now healed without any limitation upon his activities.

Verdicts & Settlements

$325,000

for a school principal in the Bronx who tripped and fell over a construction plate in the school parking lot.

Verdicts & Settlements

$300,000

for a young Cement and Concrete worker who was struck by falling debris dislodged from a building by a swinging crane.

Verdicts & Settlements

$250,000

for a Cement and Concrete worker injured as a result of a fall at a Manhattan construction site.

Verdicts & Settlements

$300,000

for a school teacher in the Bronx who sustained an injury to her shoulder when she tripped and fell due to negligently placed computer wiring.

Verdicts & Settlements

$275,000

to a Construction laborer doing bridge work whose arm was fractured when falling construction material caused him to fall into the East River and onto debris.

Verdicts & Settlements

$450,000

for a child injured when a table fell on him in a laundromat in Queens.

Verdicts & Settlements

$450,000

verdict for a Volunteer Firefighter in Westchester who sustained injuries in the course of fighting a fire.

Verdicts & Settlements

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