new york personal injury attorney Archives - Hoffmaier & Hoffmaier P.C.

NYC Construction and Scaffolding Accidents

September 21, 2021 By admin

It’s one of the most ubiquitous sights in New York City: construction sites, complete with ever-present scaffolding. Workers with a multitude of skills can work at great heights to complete the tasks involved with creating new buildings and structures.

NYC Construction and Scaffolding Accidents

That increase in height also increases the chances of a workplace accident. Whether you’re working construction on the ground or atop a scaffold, falls are the biggest hazard on a site, the leading cause of injury and death for construction workers.

Electricians, carpenters, plumbers, bricklayers, welders, and many others also use scaffolding in the course of their everyday jobs. Anyone required to use a scaffold at great heights is at risk for injury. They should not be responsible for paying medical and other costs when their injuries are from someone else’s negligence.

Worker Safety

The Occupational Safety and Health Administration (OSHA) has guidelines designed for worker safety and to reduce or eliminate worker accidents. OSHA requires that all scaffolds must be:

Directly connect to floors and roofs, and include anti-tipping counterweights
Be located three feet or more from insulated power lines and ten feet or more from uninsulated power lines
Support their own weight, and at least four times the maximum load intended
Supported by stable objects
Also be equipped with mid rails, guardrails, and toe boards
Undergo a complete inspection, and repeated re-inspections to ensure worker safety

In addition, employers must also provide proper safety training for employees who are either working on scaffolding or around it. Without understanding safety precautions and protocol, falls, electrocutions, collapses and other types of accidents can seriously harm one or more workers.

New York actually has its own Scaffold Laws addressing the safety of scaffolding used in the state. Section 240 of New York’s Labor Laws spell out specific requirements for scaffolds intended for use by workers. The law makes contractors and owners responsible for scaffolding and its accouterments (ladders, hoists, etc.) These requirements include:

Safety railings 34 inches (nearly 3 feet) in height on scaffolding 20 feet or more above the ground
These railings must enclose both ends and the entire length of the scaffold, and be securely fastened to prevent swaying
Scaffolding must bear a load of at least 4 times its own weight

The parties who are responsible for assigning and managing work are given strict liability for any accidents with scaffolds. This means that just failed to provide scaffolding and additional equipment meeting the New York Labor Law standards could be enough to establish liability—and your right to seek compensation.

Types Of Claims

There are three types of claims you could file after a scaffolding accident:

Workers’ Compensation: this employer-paid insurance covers your medical expenses and part of your income for a specified period while you recuperate. If you decide to file for worker’s compensation, you’ll receive a faster payout but lose the right to sue your employer if it’s warranted.

Personal Injury: a claim filed against a party responsible for your injuries. This could be your employer or a third party that exhibited negligence. Depending on the facts of your case, this claim could be filed in addition to and concurrently with a claim for worker’s compensation.

Wrongful Death: If you’ve lost a loved one to a construction or scaffolding accident, you can recover damages on their behalf. A wrongful death lawsuit against a responsible party allows you to file a personal injury lawsuit on behalf of your loved one.

Know one thing: from the moment you file your claim, you’ll experience considerable pushback. Contractors, property owners, developers, and others will continually defer blame and avoid responsibility (and the blame) for your accident. Insurance companies will also work hard to ensure that your claim is denied and you receive little or nothing for your injuries.

That’s why it’s important to speak with an NYC construction and accident lawyer before you speak to anyone else about your accident.

Deadlines For Filing Claims

While your first priority should be recovery, be aware that there are deadlines you must observe. Otherwise, you will lose your claim. These depend on what type of claim you are filing:

For a Worker’s Compensation claim, you must notify your employer within 30 days of the accident, and file the WC claim within one year of the date of the accident.
For a personal injury claim, New York’s statute of limitations is three years from the time of the accident.
For a wrongful death claim, the statute of limitations is two years from the date of the death of the deceased.

If you don’t file your claim in the correct time frame, your claim is likely to be dismissed. Speak with a personal injury lawyer who understands New York’s laws regarding construction and scaffolding accidents.

Why Hire A Lawyer?

The best reason is so that you can let someone else handle your legal case while you concentrate on recovering and healing your injuries. Chances are you don’t handle legal cases every day. Lawyers do and can make sure that your case is handled the right way.

Employers are frequently the responsible and liable party when someone is injured in a workplace accident. Construction and scaffolding accidents may also include:

Contractors-in-charge
Subcontractors
Managers
Supervisors
Other third parties like property owners and equipment manufacturers

All are responsible for inspecting equipment and ensuring that workers are safe on the job. A New York City construction accident attorney can investigate your accident and help hold all of these individuals responsible. With the right representation, you’ll be able to receive compensation for your expenses, including medical bills, lost wages, and pain and suffering.

Workers’ compensation doesn’t always cover everything, particularly for long-term catastrophic injuries. Your only opportunity to collect damages may be a third-party claim to get needed compensation.

New York City Construction Worker Injury Lawyers

Construction work has always been dangerous, and construction workers of all kinds are always in demand. Unfortunately, accidents do happen when scaffolding is involved.

If you or a loved one was injured at a construction site while using scaffolding, our New York City workplace accident lawyers are here to help. We have considerable experience with scaffolding injuries and other kinds of personal injury cases.

From our Manhattan office, we represent injured construction workers throughout the New York City area. Call us today at (212) 777-9400 or contact us online for a free consultation.

E-Scooters Are Now Legal In NYC

July 14, 2021 By admin

After a long wait, New York City residents can finally rent and use e-scooters to get around the city quickly. They’ve been available in other big cities for a few years now, and NYC finally lifted its ban on micro-mobility vehicles.

Bird, Lime, And VeoRide have been selected for The Big Apple’s initial e-scooter pilot program. If you travel to another city and ride, you may be renting an e-scooter from:

Bird
Bolt
Lyft
Razor
Scoot
Skip
Spin

E-scooters offer an easy, fun, and environmentally friendly way to go short distances around the New York City area. Rent one by unlocking one on your smartphone app, take it and go. At a cost of $3 to $5 to use for a ride, they’re also economical.

But as enjoyable as they are, e-scooters aren’t without risk, either. Whether you own your own electric-powered scooter or rent one on any city street, they aren’t totally safe. Helmets are recommended, but they’re not required. So just like a bicycle, even riding one in New York’s bike lanes can end in a crash.

Why E-Scooters Are Hazardous

These electric-powered machines can go as fast as 15 mph. For the new rider, they may not have mastered maneuvering one and may ride into something or someone.

At that speed, a passenger or bicyclist may not be able to avoid the e-scooter in time and find themselves injured. Riders can also lose control of the scooter and push themselves or others into oncoming traffic.

Road hazards like potholes are also a problem. Because the wheels are small and solid, not inflatable, any little bump in the road can throw a rider off the floorboard or cause a loss of control.

One of the benefits of an e-scooter is that you can rent it from a spot and leave it in a different spot when you’re done with it. But sometimes riders just drop them anywhere in the middle of the sidewalk. Pedestrians may not see this trip hazard, and find themselves injured after falling over one and hitting the sidewalk.

Causes of Accidents

Cars, motorcycles, potholes, bicyclists, pedestrians, and even other e-scooter riders can cause a crash at just 15 mph. A crash can occur because of:

A rider losing control of the e-scooter by hitting a pothole or other road hazard
Car or other motor vehicle hitting the rider and e-scooter when riding in traffic due to their smaller size. Drivers don’t often see the e-scooter when making turns or changing lanes, and crashing into an opening door is also a danger to the rider
A rider striking a pedestrian or bicycle when riding in traffic
A defect within the e-scooter causes a crash, such as loose steering (handlebars), brakes that fail, batteries that overheat, or software that fails

Accidents involving e-scooters in other US cities show that many of these accidents happen with people who are hopping on one for the first time. Because many people don’t think about wearing a helmet, they have a higher risk of a head injury in an e-scooter accident.

E-Scooter Crash Injuries

Just like a motorcycle or bicycle crash, the rider has little or no protection from injuries, such as:

Head, neck, and spine injuries
Brain injuries
Nerve damage
Dislocation of joints including shoulders, elbows, and knees
Cuts and bruises
Facial trauma
Broken bones, especially limbs

After an accident, it’s vital to seek medical attention immediately, since some injuries may not show up right away.

Liability And Damages

When you click through the end-user agreement (EUA) in the e-scooter company’s app, you may be signing away your right to litigation should you be involved in a crash. Most people don’t realize this when they are in a hurry and click through an app’s EUA.

So if you are involved in an accident on an e-scooter, or by someone riding one, who bears the liability? Depending on the circumstances, it could be:

A rider
The driver of a passenger vehicle (car, pickup truck, etc.)
A pedestrian
The municipality responsible for the road conditions (i.e., the City of New York)
The manufacturer of the e-scooter
The company renting the e-scooter (Bird, Lime, etc.)

In the case of a defective machine, the company will normally defer blame and call it an “operator error.” However, it will take an investigation to determine where the liability lies. That’s why it’s important not to speak to anyone from an insurance company or their legal representatives until you speak with an attorney for yourself.

E-Scooter Accident? Call Hoffmaier & Hoffmaier

If you’re injured in an e-scooter accident, you may also be able to recover damages as you would in a car crash or other type of personal injury case. Working with an NYC personal injury law firm can help you get the maximum compensation for your injuries and negotiate with insurance companies so you can take care of yourself.

For over 25 years, Hoffmaier & Hoffmaier has been helping New Yorkers who have been hurt in accidents. Call us at (212) 777-9400 or contact us online, and we’ll talk to you about your case. Your first consultation is free. Our contingency fee basis means we don’t get paid unless we settle your case or win the trial.

Who Is At Fault In A Busy Intersection Accident in Manhattan?

April 20, 2021 By admin

Manhattan, and all of New York City, have some of the most congested streets in the country. There are signs and lights at every crosswalk intended to direct all types of traffic and keep everyone as safe as possible.

But in such a small city lives a large number of people trying to get somewhere all the time. From pedestrians to couriers on bicycles, passenger vehicles and big trucks, Manhattan’s roads are busy and congested nearly anytime.

Who Is At Fault In A Busy Intersection Accident in Manhattan?

Investigation And Accident Evidence

An intersection accident can be particularly difficult to unravel. Evidence from the accident site is the first place to start. This can include:

Material evidence, such as:
- Vehicular damage
- Tire marks
- Debris, such as fragments from the vehicles or surrounding structures
- Damage to structures and other things in the surrounding area (i.e., traffic light poles)
The police report on the accident
Video from dashcams and surveillance cameras in the area
Cell phone records from the driver listed at fault
Hospital and other records that show a link between the accident and your injuries

An accident attorney needs to gather this information as well as speak with you about the circumstances of the accident in order to build a complete defense for your case.

Who Is At Fault?

Determining who exactly is at fault will depend on a number of factors, including the type of accident. It can be a simple matter of examining evidence, or it may take a more thorough investigation.

Intersection accidents generally occur in one of three ways:

A driver runs a stop sign and/or red light. In many cases, this can result in what’s called a “T-Bone crash.” That is, one driver is hit in the driver’s or passenger’s side door by someone who drives straight into the side of the other vehicle. Because there is less protection on the sides of cars, these types of crashes can result in severe injuries as well as fatalities.
Inattentive left-hand turns. A driver who makes a left turn without exercising caution at a busy intersection runs an increased risk of an accident Turning without the proper right-of-way can lead to crashes, including head-on and T-bone collisions, as well as motorcycle crashes.
Rear-end accidents. When a driver is legally stopped at an intersection at a sign, light, or by a traffic officer, the drivers behind them have a duty to pay attention and stop. When another driver fails to pay attention, a rear-end crash can lead to injuries such as concussions and whiplash. When one driver is traveling at a higher speed and hits the stopped car, more serious injuries can result.

Accidents involving pedestrians and bicyclists also frequently occur at intersections.

An accident attorney will focus on all these things in the investigation, and work to determine the best course of action.

Comparative Fault

New York is a state that has a comparative fault rule. That is, the contribution of each party is taken into consideration when seeking the person who is at fault.

This means that more than one party could be at fault for the accident, and the responsibility will be assigned accordingly. The fault for the accident could be down to one person at 100%, split 50/50, 60/40, or however, the amount of fault is ultimately determined.

For instance, someone who isn’t paying attention and rear-ends or “T-Bones” in another vehicle may initially look to be 100% at fault. But if the car that’s “T-Boned” in an intersection was found to have run a stop sign or red light, the fault may not be 100%, since the car that was hit was also in the wrong.

On the other hand, a driver who opens up a door in the direct path of a bicyclist who doesn’t have time to stop may be assigned complete responsibility. This accident, known as “dooring,” usually finds that the driver is 100% at fault.

After An Intersection Accident, Call The Family-Owned Hoffmaier & Hoffmaier Today

We offer free consultations for any kind of accident. You can talk to someone today at Hoffmaier & Hoffmaier by calling (212) 777-9400 or use our website contact form. As a family-owned NYC personal injury law firm, we have over 26 years of experience helping injured people after a devastating accident. We offer a contingency fee arrangement that means we won’t get paid until you do, whether we settle your case out of court or litigate it in court.

What Is A “Loss Of Consortium” Claim In New York?

March 23, 2021 By admin

Any personal injury can be devastating to both the accident victim and their family. The entire family dynamic changes and the injured party may not be able to do what they did before.

One factor that isn’t always discussed is the accident’s impact on the spouse of the person who has been injured. But for a married accident victim, their spouse is generally the one who has to take up the slack when the injured spouse can’t do everything they did before. This is what’s known as “loss of consortium.”

What Is A “Loss Of Consortium” Claim In New York?

What Consortium Means In Personal Injury

An uninjured spouse can bring this type of claim after their spouse is involved in an accident. Loss of consortium claims is a “derivative” claim, meaning that the spouse’s claim is dependent on the injured party’s personal injury claim, and is always made together. Most of these claims average about 10% of the personal injury award and are awarded when one spouse suffers a devastating injury that leaves them disabled or with debilitating long-term effects.

Many people believe that losing “consortium” relates to the sexual aspect of a marriage, including constraints. That’s true to a certain extent. A consortium can also include loss of love, companionship, as well as the sexual aspect of a marriage, which is known as “loss of the marital relationship.” This is the part that is difficult to attach a monetary amount to since the emotional aspect of a marriage is intangible.

The umbrella term “loss of consortium” includes much more, such as:

Damage or strains inflicted on the relationship after the accident
Infertility
Loss of ability to participate in enjoyed activities, such as walking, bicycling, traveling, etc.
At-home activities such as:
- Assisting in child care
- Handling specific tasks, such as housework or home repairs
- Helping the spouse with other specific tasks, such as driving the children to activities
- Other dedicated activities normally performed by the now-injured spouse

When one spouse has been seriously injured, he or she may no longer be able to take care of the at-home activities, requiring the uninjured spouse to either do them or pay someone to do them (i.e., hire a house cleaner and/or a handyman.)

Financial Consortium—Loss Of Support

These claims are over and above things like lost wages. This is the amount a wage-earning spouse would have contributed to the household earnings had he or she not been injured. The two factors a judge and jury will consider are:

The amount of the spouse’s income
How the spouse managed his or her money, and how much they spent on the household

If the spouse regularly contributed to household expenses, an award for Loss Of Support would be higher than if the spouse saved more, or spent more on themselves than the household.

The Last Word

Since New York abolished common-law marriage in 1933, only legally married spouses can bring a claim of loss of consortium. Domestic partners and same-sex partners do not have the option for this kind of claim.

A serious personal injury can cause severe problems in a relationship to the point of a couple divorcing. But if a couple separates and divorces before settlement or before trial, chances are the loss of consortium claim will be negatively impacted, and possibly ignored. There won’t be any award during the separation period, and of course, after the divorce is final. Many attorneys advise couples not to divorce before the end of their claim so as not to risk losing their derivative claim.

Hoffmaier & Hoffmaier—New York’s Premier Personal Injury Law Firm

A personal injury can happen anytime and anywhere in New York, leading to many different types of injuries.

Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping New Yorkers after they’ve suffered injuries. Our contingency fee arrangement means we don’t get paid until you are, whether we settle your case or take it to court.

Statistics for E-Scooter Accidents In New York

March 25, 2020 By admin

A new innovation in personal mobility allows urban dwellers to get around easier, and it’s almost better than walking.

Accident Statistics Involving Electric Scooters In New York

Even in the age of Uber and Lyft for a quick ride, electric scooters are even better for faster short-distance trips. But that doesn’t mean that they’re any safer. Consider that you’re riding on a narrow plank with handlebars and wheels through crowded city streets in vehicular traffic that may or may not be paying attention.

What Are They, And How Do They Work?

Riders rent a scooter at a designated spot, ride to where they want, and leave it there. Companies pick up the scooters during the evening and re-charge them overnight.

These cute dockless e-scooters are small, and can reach a top speed of 15 to 20 mph. They’re rentable through a smartphone app, cost $1 to unlock and .15 a minute to ride, with a maximum of about $10 an hour. Most riders won’t be on them that long, so they’re also economical.

Bird scooters have been in Brooklyn for some time, even though they were there illegally. In many cases, the companies literally drop them on city streets and wait for people to rent them without getting permission from city officials first.

E-Scooter Accident Injuries

Shortly after Elizabeth, New Jersey legalized e-scooters, a rider was killed in a collision with a tow truck while riding a Lime scooter. While Lime and Bird electric scooters can be enjoyable, they aren’t without dangers. After multiple reports of injuries, Seattle banned the e-scooters until further notice.

Most riders don’t wear helmets, despite the safety warning when they unlock the scooter. Helmet free riding can lead to a series of accidents during their little trips, many of them severe. People who crash on an e-scooter tend to have the same types of injuries as bicyclists and pedestrians:

Broken bones
Lacerations
Facial injuries, including broken noses and jaw fractures
Neck and spine injuries
Head injuries, including severe injuries like skull fractures and concussions

Riders as well as pedestrians and bystanders have been injured, most frequently on their first ride.

E-Scooter Accident Crash Statistics

While is no shortage of anecdotal reports of injuries in news agencies, there are two legitimate sources of information on the subject. These two studies quantify the danger that these little scooters can unleash on unsuspecting riders.

Last year, the City of Austin Texas released the report from the Austin Public Health (APH) and the Centers for Disease Control (CDC) detailing their study of e-scooter accidents in the city. There were 271 individuals interviewed, and the following injuries were reported:

Head injuries, 48%
Upper limb injury, 70% (hand/arm/elbow/shoulder)
Lower limb injury, 55% (foot/ankle/leg/knee)
Chest/abdomen injury, 18%

Thirty five percent of the injured suffered bone fractures, and 19% had them in multiple body regions with a high number of arm and leg injuries. Many of these riders suffered injuries in multiple areas of the body.

A similar study in Los Angeles found that out of 249 patients that visited one of two emergency rooms for injuries sustained while riding an e-scooter, the most common were:

Fractures (31.7%)
Head injuries (40.2%)
Soft-tissue injuries (27.7%)

Ten percent of the patients were under the age of 18, four percent were wearing a helmet at the time of their accidents, and four percent (12 riders) had either blood alcohol contents (BAC) greater than .05%, or the treating physician believed them to be inebriated.

E-Scooters Are Not Yet Legal In New York

Even though you can’t ride them in New York, you may visit other cities where e-scooters abound. It’s important to exercise caution if you decide to ride one, and follow all safety rules.

Despite the support from the scooter companies, late last year,New York Governor Andrew Cuomo vetoed a bill that would have allowed e-scooters throughout the state of New York. Although he is an advocate for alternative transit and personal mobility, his main concerns were for public safety and the lack of a helmet requirement. Governor Cuomo’s reasoning for the end-of-year veto was to prevent the legislature from modifying the bill and overriding the veto. This means that the process must start from the beginning and go back through the legislature again to be considered.

Since these electric scooters are motorized vehicles, they would be subjected to the same rules as every other motorized vehicle, including electric bicycles (which are still illegal in NYC), balance boards and skateboards. The e-scooters would also directly compete with the city’s bike sharing program, implemented with considerable support from the government.

There is also the question of where the scooters would ride. They can’t ride on sidewalks, and putting them in bike lanes means that bicyclists compete with motorized vehicles that buzz past them as fast as 20 mph. Additionally, they are more difficult to see than bicycles, giving them a higher chance of crashes.

Accident With An Electric Scooter? Call Hoffmaier & Hoffmaier

If you’ve been in an accident on an e-scooter, or an accident anywhere in New York, call us a call today for a free consultation at (212) 777-9400. Hoffmaier & Hoffmaier is a family-owned NYC personal injury law firm has more than 26 years’ experience working with injured people to get what they need. Our contingency fee basis means you’ll pay no fees out of pocket. We get paid when you do, whether we settle your case out of court or take it to trial.

How The Terrorism Risk Insurance Act Protects Victims Of Terrorism In New York City

October 21, 2019 By admin

It happened again, in September—a New Jersey man was indicted on charges that he was scouting locations in the NYC area as spots for possible attacks and sending the information to a terrorist organization overseas. Included in his reconnaissance were the headquarters for the UN, The Statue of Liberty, The Empire State Building, Time Square, The Rockefeller Center, as well as bridges, tunnels and airports. His focus was on structural weaknesses of each place to determine the most damage in an attack. Fortunately, he was not able to carry his plan any further.

How The Terrorism Risk Insurance Act Protects Victims Of Terrorism In New York City

Although 9/11 is the most famous terrorist attack in New York, there have been multiple others before and since.

Why New York City?

Even though the US has a number of large, populated cities where a terrorist attack could chaos, New York is the one chosen most often.

Why not target Los Angeles, or Hollywood, where American movies are made? What about San Francisco and Seattle? And with all the inbound migration from other states into the Lone Star State of Texas, Houston, Austin, Dallas, Fort Worth and San Antonio are very large population centers, but have been largely overlooked.

New York is a city of nearly 9 million people, the most populous city in the US. About 30% of people who live here aren’t “native New Yorkers”—they’re from nearly every other country in the world. Both the City of NY and its icons are most recognizable symbols of the United States around the world. New York is the picture of nearly everything other countries think of as “American,” and is the symbol of freedom and democracy that some want to attack.

After a 2017 attack on the NYC subway system, Mayor Bill de Blasio was quoted in The Atlantic: “The choice of New York is always for a reason, because we are beacons of the world,” he said. “And we show that a society of many background and many faiths can work.”

The Costs Of Terrorism

While the focus of terrorism is the loss of life, the aftermath is also a concern. The economic costs of just one terrorist act are huge, and lead to additional costs like anti-terrorism measures, business interruptions, consumer uncertainty, and other things that bring a negative economic impact.

Buildings, infrastructure, communications, and other business disruptions cost billions of dollars and take years to rebuild.

Insurance losses from 9/11 totaled $45 billion (in 2017 dollars), including group life and commercial claims. “Business interruption” comprised 33% of sustained losses, and 30% was property damage, including the towers of the WTC. Reinsurers paid for many of the costs from the attack. It is the largest single insured loss events in US history.

The Terrorism Risk Insurance Act

Originally signed in 2002 by then-president George W. Bush after 9/11, the Terrorism Risk Insurance Act of 2002 provides creates a temporary program that consists of public and private compensation for insured losses from terrorism. This program was called the Terrorism Risk Insurance Program (TRIP), a loss-sharing program from certified acts of terrorism.

After the original program’s expiration, it was extended twice, and expired in 2014, but was renewed in 2015 and signed by President Obama. The TRIA’s current extension, now known as Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIPRA), expires on December 31, 2020.

TRIPRA takes effect when the Secretary of the Treasury “certifies” that an act of terrorism has taken place, and triggers dollar event thresholds after deductibles. It is a “reinsurance” for both commercial property and casualty policies, and is in place until the commercial insurance market recovers from the impact of an act of terrorism.

For Victims Of Terrorism

While terrorism coverage can be an optional coverage for many companies, worker’s compensation is not an option. It is mandatory for all businesses to have this coverage for workers who are injured or killed on the job, including acts of terrorism and acts of war.

According to The Insurance Information Institute, personal insurance will generally cover acts of terrorism without a separate policy. These damages include:

Homeowner’s insurance policies, for your home and possessions due to fire, smoke and explosions
Auto insurance policies with comprehensive coverage that cover “non-collision” incidents
Condo and co-op policies will cover personal possessions damaged or destroyed; however, damage to the common areas of a condo or co-op will be paid by the property’s insurance if the board has purchased a policy with specific terrorism coverage
Renter’s Insurance, which covers damage to possessions due to fire, smoke and explosions just like a homeowner’s policy. However, the apartment complex must have its own terrorism insurance to cover property damage

New York City Personal Injury Lawyers

An act of terrorism can be as devastating as any kind of car or other personal injury accident. You may be injured, or you may lose a loved one. Don’t let an act of terrorism keep you away from your life. You need time and help recovering, and we can help. For a free consultation with our Greenwich Village personal injury attorneys, you can call our law firm today at (212) 777-9400 for a free consultation.

Assessing Who Is At Fault In New York Premises Liability Cases

September 17, 2019 By admin

You may have been visiting a relative or friend or doing your regular shopping when you realize you’ve been injured after an accident. You may have lost your footing on a floor that you didn’t know was slick or fell when you did not see the bottom step. However, it happened, you now have to get medical attention for your injuries.

Accessing Who Is At Fault In Premises Liability Cases In Greenwich Village, NYC

If you are injured on someone else’s property in Greenwich Village that’s due to the owner or other responsible party’s negligence, the law that covers it is called “premises liability.” This includes, but is not limited to, slips and falls. The term includes a wider range of dangerous conditions and the possible injuries that could result, whether or not it came from a fall.

Types of Premises Liability Claims

Any hazardous or dangerous condition can be the source of a premises liability claim. The more common causes include:

Wet, uneven or slick floors and surfaces
Sidewalk accidents
Falls due to improperly maintained stairs, escalators or elevators
Inadequate security and/or lighting that leads to assault and other crimes
Inadequate or defective maintenance performed on a building and/or property
Dog/animal bites or attacks
Leaking water/flooding
Toxic chemicals and fumes
Fires
Other hazardous or dangerous conditions on the premises

Finding Fault

Generally, the property owner is the one who is at fault, if the accident and injuries are due to the negligence of the owner.

As a plaintiff, you will also be required to prove that not only was the owner negligent, his or her negligence led to the unsafe condition that caused your injuries, and prove that it was a substantial factor in your accident. You will also have to show that he or she knew or should have known that the condition existed, and was negligent in remedying the situation.

The caveat is that you must be on the property lawfully, as an invited guest, a customer, or other lawful purposes. If you were trespassing, the owner may not be held liable, except under certain conditions.

Comparative Negligence—it’s not uncommon for a property owner to claim that you were responsible for your own injuries, or at least, share the blame for it. New York’s Pure Comparative Negligence Rule will apply either to a settlement or a court case. If it’s proven that you were partly responsible, your settlement will be reduced by the percentage of fault you are assigned. If you’re ruled to be 25% responsible for your accident, any settlement amount will be reduced by 25%.

New York’s Laws

The statute of limitations in New York is three years from the date of your accident under NY Section 214. That means if you file a claim after that point, your suit will be dismissed, even if your claim is for damaged property only.

Three years may seem like a long time, but the sooner you start your claim, the more time you and your lawyer will have to build a strong case.

Greenwich Village’s Premises Liability Law Firm

Premises liability covers a wide range of accidents and injuries in places like retail stores, restaurants, public buildings, apartments, private homes and other places. If the owner, manager, or employees neglected to either warn invited visitors of a dangerous condition or repair it, they can be held liable for your injuries.

Has someone’s negligence resulted in your injury accident on someone’s property? Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping injured people. Our contingency fee arrangement means we aren’t paid until you are, whether we settle your case in or out of court.