Premises Liability Attorney in Buffalo, NY
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 ensure you get the monetary awards you deserve. Contact us now to schedule a free consultation with a Buffalo premises liability attorney.
“He is a miracle worker. He found someone who knew my Dad who had passed away over 50 years ago. No easy feat. He works very, very hard for his clients. Knowledgeable and kind. I highly recommend him”
Overview of New York Premises Liability Laws
While every case is different, injuries on property typically occur because of the 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; and,
- You need to establish that you sustained losses because of your injuries.
Both Keith and John were named to the Top 100 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers.
John was named to the Top 40 Under 40 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers three consecutive years in a row.
John and Keith were both selected as Upstate New York Rising Stars by Super Lawyers, a Thomson Reuters publication.
Keith has been involved in trial verdicts totaling in excess of $17 million and settlements valued at more than $100 million on behalf of his clients.
United States Marine Corps & Police Officer
Keith has served in the United States Marine Corps and worked as a police officer for the City of Buffalo, where respect and honor are two of the foremost values.
Common Scenarios Leading to Premises Liability Injury Claims
- 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; or,
- Engages in other 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.
Buffalo Premises Liability FAQs
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 upon 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.