Slip and fall injuries, according to the Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, account for approximately 3 million older people being treated in hospital emergency departments. Slip and fall injuries account for the hospitalization of over 800,000 people who primarily injure their heads or hips. Hip injuries, usually from sidewalks, slip and falls, cause over 300,000 older Americans to visit the hospital each year. The most common cause of traumatic brain injuries is from falls.
Experienced slip and fall New York lawyer Bryan J. Hutchinson handle a wide range of landlord liability cases, including but not limited to:
How to Prove Liability in a Premises Liability Case?
New York Multiple Dwelling Law § 78 provides that every multiple dwelling “shall be kept in good repair” and that “the owner shall be responsible for compliance” with that obligation. See Multiple Dwelling Law § 78(1). A person or entity “in control” of the property has a duty, under New York law:
“to use reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.”
See PJI 2:90
In the landmark case of Basso v Miller, 40 NY2d 233 (1976), the New York Court of Appeals held that New York landowners owe a duty to maintain their property in a reasonably safe condition under all circumstances to all entrants upon their property. See Basso v Miller, 40 NY2d 233 (1976); the Scurti v City of New York, 40 NY2d 433 (1976).
Although New York landlords have a common-law duty to minimize foreseeable dangers on their property, including the criminal acts of third parties, they are not the insurers of a visitor’s safety. See Burgos v Aqueduct Realty Corp.,92 NY2d 544, 548 (1998); Jacqueline S. v City of New York,81 NY2d 288(1980), rear denied 82 NY2d 749 (1993); Nallan v Helmsley-Spear, Inc., 50 NY2d 507 (1980).
The standard of reasonable care considers the likelihood of personal injury to others, the seriousness of injuries, the burden of avoiding the risks, and the foreseeability of persons upon the property. See Basso, 40 NY2d 233; the Scurti, 354 NE2d 794.
Our New York slip and fall lawyer will investigate your claim and apply the applicable laws, statutes, rules, and building codes to prove that the dangerous or defective conditions were a proximate cause of your injury.
Creation of a Dangerous or Defective Condition, Constructive or Actual Notice of Condition
Our New York slip and fall lawyer will investigate your claim and apply the applicable laws, statutes, rules, and building codes to prove that the property owner breached its duty of reasonable care in the maintenance of its property resulting in your injury. A New York landlord may be liable for your slip and fall injury under one of the three following conditions:
First, New York slip and fall liability may be imposed if the landlord created a dangerous or defective condition. The affirmative creation of a dangerous or defective condition places the landlord on self-notice of the condition.
Second, New York slip and fall liability may be found if the landlord has actual notice either orally or in writing from some source of the dangerous or defective condition. Upon receipt of the actual notice, the landlord is duty-bound to remedy the condition to prevent personal injury to persons reasonably foreseeable to be on the property. A New York landlord’s failure to correct a defective or dangerous condition within a reasonable time, despite prior written or oral actual notice of it, allows for the establishment of liability for breach of the owner’s duty of care.
Third, slip and fall liability may be imposed if an owner has constructive notice of a dangerous or defective premises condition existing for a long enough period that the property owner, through the exercise of reasonable care, should have become aware of the condition and taken steps to remedy it.
New York slip and fall lawyer Bryan J. Hutchinson will investigate the facts, identify the liable parties, navigate the rules and standards applicable to your case. Call New York slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 for a free case evaluation.
Bronx slip and fall lawyer Bryan J. Hutchinson will recover money damages for your injury caused by a dangerous or defective sidewalk, staircase, ceiling collapse, elevator defect, and other landlords’ careless conduct. Call now at (718) 671-0900 for a free confidential consultation.
Allow your slip and fall claim in New York, NY, to be handled by the LAW OFFICE OF BRYAN J. HUTCHINSON, PLLC. He is an experienced personal injury attorney who tackles a wide range of landlord liability cases, including but not limited to:
Our firm will investigate your claim and apply the applicable laws, statutes, rules, and building codes. We can help to prove that the dangerous or defective conditions were a proximate cause of your injury. Call today for your free case evaluation and allow our slip and fall attorney to represent your best interests.