Although everyone strives to abide by the law, liabilities can occur, especially in properties. For a city as large as New York, premises liability is a common problem, often leaving people injured. When these accidents occur, sometimes property owners are faced with premises liability cases that can take them to court. Fortunately, the Big Apple is chock full of experts in such a situation with lawyers specializing in various practices including premises liability.
Premises liability cases can be filed in civil court against the property owner or entity that controls the premises. People responsible include property owners, building owners, building managers, and anyone with legal rights to control the premises. In such situations, negligence is the most common cause of action. Negligence is the failure to act with care that an ordinary, prudent person would under such circumstances. If proven, the presumption that someone was hurt and damages are appropriate.
When lawyers are tasked with proving negligence, their priority is to identify the cause of action to prove there is a duty owed by the defendant. The causes will then depend on the flaws with the property or premises, but often they can be deduced to trespassing, defective condition of the property, and unsafe condition of the land. Because of the nature of the case, real estate lawyers are often called in to help solve the issue at hand.
New York City provides defendants with some of the top local lawyers who specialize in such circumstances. R.A. Bronx Injury Accident Firm is a firm that can lend its expertise in premises liability cases. The firm thrives in such cases with the belief that civil negligence in the form of injuries and accidents can be profitable. Instances where accidents can occur in a workplace will require the expertise of Shulman & Hill. Although insurance companies are there to settle any disputes, occasionally, an employee may decide to go up against their employers. In such cases, Shulman & Hill can provide the extra ammunition to see the case settled. Ribowsky Law is another firm that has proven to be one of the best in the business. The award-winning law firm in Queens County, the lawyers from Ribowsky Law can help defendants navigate their way through the complexity of civil injury cases.
Each lawyer from the aforementioned firms is tasked with following four steps to prove a negligence case. The first thing they do is ensure the defendant is owed a duty of care to the plaintiff, ensuring their client has a legal duty to the plaintiff when they are legally obligated by law or contract to carry out an action. Defendants are also subject to breach, which can happen when there is an error or omission in judgement on behalf of one party, causing the other to suffer an injury.
The law requires the injured to party to show that their injuries wouldn’t have occurred if the defendant wasn’t negligent. Typically, a court will not find causation if the plaintiff’s injury was from an intervening force, but there can be exceptions depending on the injury type like a criminal defendant committing a crime and injuring the victim.
The breach is a legal cause of injury because it gives way to a series of damages and the plaintiff was harmed or injured from the defendant’s actions. Damages are monetary obligations imposed to compensate the plaintiff for harm caused. The damages can be given in the form of money or assets and can be awarded depending on factors like, malice, intent, and knowledge. With the number of experts around New York, defendants can win over such cases.
