Premises Liability
In this area, The Bongiorno Law Firm has been successful in obtaining millions of dollars for its clients.
In New York, owners and tenants of both residential (such as homes or apartment buildings) and commercial properties (such as retail stores, supermarkets, and malls) are responsible for maintaining their premises in a reasonably safe condition. For example, they must provide a well-lit environment, safe entrances and exits, proper and adequate snow and ice removal in parking lots and on walkways, and provide for safe, and clean and properly configured stairways, with proper railings, treads, and risers, and safe and properly functioning elevators or escalators.
If they fail to do so, they are considered negligent and can be held liable for personal injuries sustained on the property, including, but not limited to, the following:
- Pain and Suffering
- Future Pain and Suffering
- Future Disability
- Loss of Enjoyment of Life
- Medical expenses, past present, and future
- Lost earnings
- Out of pocket expenses, including medical co-pays, transportation, medical supplies, and home health aides
- and more …
Notice and Creation
In most instances, in order to establish liability against the owner or tenant at the premises, it must be proven that the owner or tenant (or a contractor hired by an owner or tenant) either created the dangerous condition that caused the accident or had notice of the condition for a sufficient period of time prior to the accident to have afforded them the ability to remedy the condition.
Typical Premises Dangers
- Wet surfaces
- Ice and Snow in parking lots
- Falling debris
- Exposure to toxins
- Inadequate lighting.
- Defective stairwells
- Defective elevators or escalators
- Dog bites
- Defective doorways
- Defective windows
- Slippery/wet entrance ways
- and more …