Proving negligence in a premises liability case in New York has three parts. You will need evidence showing you were injured, proof that the property owner where you were hurt knew or should have known about the hazardous condition, and proof that you suffered financial losses because of it.
Evidence That Can Prove Negligence
Collecting evidence can be a large task if you are dealing with injuries and related losses. However, our experienced legal team will assist you by collecting the following sources of proof:
- Videos or photos of the condition that harmed you and caused your injuries
- Past complaints you or others made to the property owner or property manager about the dangerous condition that caused your accident
- Eyewitness testimony of the event
- Medical records and bills documenting your care
Our legal team may hire medical expert witnesses who can testify on your behalf regarding your injuries and their cause. We can also gather:
- Public case records that indicate any past claims or lawsuits against the property owner or manager arising from the condition that caused your accident
- Prior complaints to (or about) the premises or the responsible property owner regarding the condition that caused your accident
- Security footage from the premises (or from another nearby location that captured your accident)
What Caused Your Accident?
A prerequisite for proving negligence is proving that you were injured as the result of a dangerous or defective condition. Dansker & Aspromonte has been successful in all types of premise liability cases including ones caused by:
- Broken or defective steps
- Insufficient lighting
- Broken door locks or damaged door jambs
- Wires on the floor that were not taped down or secured
- Wet or slippery conditions on floors and walkways
- Insufficient signage that does not warn of a hazard
- Improperly designed or maintained parking lots
- Improperly maintained sidewalks or walkways
- Broken or missing handrails
- Unstable balconies or decks
- Broken or misleveled sidewalks and driveways
What Does Duty of Care Mean?
When you hear the phrase duty of care, you might not know what it means or whether it applies to your situation. In New York, all property owners owe others a duty of care. They must maintain their premises in a reasonably safe condition free of any dangers that could cause harm. Failure to uphold this duty could result in an accident.
The Legal Information Institute (LII) states that this concept often involves a responsible party failing to do something that would have prevented the accident in the first place. Many premises liability accidents occur because property owners do not repair hazards within a reasonable period of time after they become aware of the danger.
Count on Dansker & Aspromonte Associates to Fight for You
Since 1988, we have been fighting for accident victims to obtain the compensation that they deserve. We can help you secure a full and fair financial award from the at fault parties and their insurance companies either through a settlement before trial or by a jury award at trial. This can start the day you call us, we offer all our prospective clients a free confidential consultation.
Our firm serves Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. We could help you secure compensation for the following damages:
- Pain and suffering
- Lost income
- Permanent Injuries
- Loss of future earning capacity
- Loss of enjoyment of life
- Mental anguish
- Medical costs
- In-home care while you recover (e.g., housekeeping, cooking, childcare)
Dansker & Aspromonte Associates have been fighting for injured persons for over 35 years and we have recovered over $450 Million for our clients in settlements and jury verdicts. Do not hesitate to reach out for help during this time. Call a member of our team today at (212) 732-2929.