According to the US Centers for Disease Control and Prevention, unintentional falls are the number one reason people go to the emergency room for treatment every year. In 2018, almost 8.6 million victims were hurt in such incidents, many of them due to dangerous conditions on property. If you were one of them, you’re probably wondering what legal options you have against a negligent business or property owner. A Buffalo premises liability lawyer could help.
Fortunately, New York law allows you to seek compensation for the physical, financial, and emotional losses you suffer after being hurt due to someone else’s carelessness. Our educated personal injury attorneys at Richmond Vona, LLC can assist with the process and work to ensure you get the monetary awards you deserve.
Do You Have Grounds for a Claim?
While every case is different, accidents in stores, homes, parks, and other public and private premises typically occur because of the property owner’s carelessness. In the practice of law, this concept is called negligence, and it requires you to prove certain facts to recover compensation for any injuries you sustained.
The four essential elements of a premises liability case include:
You must show that the party had a duty to keep the premises reasonably safe, a duty which applies to owners, operators, landlords, tenants, event promoters, and any other person or entity who has control over the property.
You need to prove that the responsible party breached this duty through a certain act or failure to act, which allowed a dangerous condition to exist.
You must provide evidence that the breach of duty was a direct cause of the injury-causing accident, such that you wouldn’t have been hurt but for the breach.
You need to establish that you sustained losses, whether economic or non-economic in nature, because of your injuries.
A skilled premises liability attorney in Buffalo could help establish these things and more.
Common Scenarios Leading to Premises Liability Injury Claims
It may help you to understand the above elements if you review examples of how dangerous conditions can lead to injury-causing accidents on property.
For instance, there’s an increased risk of harm to guests, visitors, and others when a property owner:
Doesn’t clean up a spill or other debris
Fails to make necessary repairs to stairs, railings, sidewalks, or aisles
Allows loose tile, carpet, or flooring to create a trip hazard
Neglects to conduct inspections to discover dangerous conditions and fix them
Serves food that’s gone bad or is beyond its expiration date
Doesn’t secure loose wiring or outlets, which can lead to electrocution or shocks
You should note that a premises liability claim will only succeed if you can show that the property owner knew or reasonably should have known of the existence of a dangerous condition. A party cannot be responsible for failing to address an issue that was unknown or unforeseeable. An experienced attorney in Buffalo could help gather evidence to prove that the property owner should be held liable for your injuries.
CONTACT OUR BUFFALO PREMISES LIABILITY ATTORNEYS TO SCHEDULE A NO-COST CONSULTATION
For more information on your rights in a premises liability claim, please contact Richmond Vona, LLC to set up a free case evaluation at our office. Our Buffalo premises liability lawyers have decades of combined experience advocating on behalf of injured victims in Erie County and throughout Western New York. We’re prepared to fight for your rights.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
