Premises Liability Attorney in Buffalo
Injured on Someone Else’s Property? We Can Help.
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.
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 legal team 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.
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
- Fails to provide adequate security against criminal activity
- Engages in any careless, reckless actions
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.
Contact us now to schedule a free consultation with a Buffalo premises liability attorney: (716) 300-5885.
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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 in Buffalo, NY. We 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.
Call our office today at (716) 300-5885 or submit a free online case evaluation form to get started.
When should I go to the doctor for treatment?
Obviously, you should head straight to the emergency room if you’re severely hurt. You can visit an urgent care center for injuries that are less serious, but which require same-day care. In any event, make sure to seek medical care immediately to aid in your recovery and to protect your rights.
What compensation can I receive in a premises liability case?
The amount you can recover is based on the losses you sustain from your injuries. Some are ascertainable by dollar value, including your medical costs and lost wages; others require additional proof, such as pain and suffering, emotional distress, and related losses.
Do I have to go to court to seek monetary damages?
In most cases, your first step in seeking compensation is filing a claim with the responsible party’s insurance company. If you can reach a fair settlement amount, you don’t have to go to court. However, dealing with an insurer can be challenging, especially since it’s a business first and foremost. The company may deny your claim or offer a low-ball amount. If you’re not able to compromise, you may need to file a lawsuit in court to enforce your rights.
A Results-Oriented Focus
Our legal team is prepared to do whatever is necessary to get you the full and fair financial compensation that you deserve.
Care, Compassion & Respect
After all you’ve been through, you deserve someone to fight for you, while providing the individual attention you deserve.
Open and Honest Communication
We value communication and honesty, and we promise to always keep you informed and up to date about your case.
Personalized Legal Representation
When you entrust your case to our skilled attorneys, you become part of the Richmond Vona family - not just another case file.