Staten Island Premises Liability Attorneys
At Queller, Fisher, Washor, Fuchs & Kool our premises liability attorneys
are very well experienced in defending the rights of individuals who have
been seriously injured, or the families of individuals who were killed
at the site of a business or on public or private property.
The law ordains that private property owners, landlords, business owners
and state and municipal owners of every thing from government buildings
to public pools have a duty of care to provide their guests with a safe
and secure environment. Failure to do so means that an unsuspecting visitor
can be seriously injured or even killed. Victims and the families of the
deceased have a right to file a lawsuit in Court and seek to be compensated
for the pain and suffering endured by the victim, medical bills, current
and potential lost wages, loss of consortium as well disability and any
other damages that were sustained due to the accident.
The New York law firm, Queller, Fisher, Washor, Fuchs & Kool represents
individuals in a variety of premises liability claims, including, but
not limited to:
- Slip and Falls
- Injuries to tenant
- Pedestrian or passer by injuries at job or construction site
- Injuries from collapsing porches or stairwells
- Faulty elevators, escalators and handrails that cause serious injury or
in some cases, death.
- Robbery, rape or assault on public or private property premises
- Amusement park injuries
- Swimming pool injuries
- Cases against businesses in instances where, upon falling, elevated products
injured the customer
- Cases against New York landlords for unsecure property premises
- Injuries to customers of New York businesses
Common Legal Issues in Premises Liability Cases
In order to prove liability against the potentially negligent party, or
the tortfeaser, certain common legal issues need to first be addressed.
These common legal issues are applicable across the New York State terrain
to cases where injury occurs on the property of a landowner, homeowner,
lessor, tenant – essentially, cases involving a person or entity
that controls the safety of a certain location.
The first issue that needs to be addressed is that of the control of the
property and whether the potential defendant had the ability or presence
at a site to be aware of, or have the opportunity to be aware of, the
problem or defect that caused the victim’s injury. By establishing
the defendant’s knowledge of the defect it can logically be shown
that he or she had the opportunity to rectify the issue under question.
The issue of control is fairly problematic in cases where landowners claim
that they had divulged full ownership of the property to a tenant and
thus, by virtue of having no knowledge or opportunity to fix the problem,
are not responsible for its emergence and existence. In such instances,
it becomes pertinent to test the validity of the defendant’s claims,
Whether or not a defendant can be held legally liable for the damages sustained
in the aforementioned situation is predicated upon the quality of your
legal representation and their ability to challenge the defendant’s
claim that because he or she was not in possession of the property, responsibility
is evaded. In such situations, it is imperative that the extent od the
defendant’s involvement, as well as that of his employees or anyone
who had a key available through him, such as superintendents, handymen
or rent collectors, with the property be determined. It must also be discerned
who had a key to the property and was able to enter the premises with
permission. When it comes to this discovery process, the attorneys at
Queller, Fisher, Washor, Fuchs & Kool are well versed with carrying
out thorough investigations and deposing several individuals in order
to deduce the involvement and presence of the defendant and his or her
employees at the property.
“Constructive notice” or absent actual notice is also sufficient
in order to prove liability against the defendant. Constructive notice
is proven by presenting evidence that shows that the dangerous condition
was prevalent for an elongated period of time, or at least for a long
enough time that the responsible party would have or should have, had
they exercised reasonable care, been aware of the situation and have worked
to amend it. Evidence may include testimonies by individuals who witnessed
the conditions and are aware of their respective time frames. In the case
the an individual testifies to the presence of a condition that, within
the period of time it existed, should have been addressed, the defendant
can be held liable. In certain cases, the nature of the condition itself,
such as a large build up of dirt or debris, is testament to its longevity.
In other cases, certain transient conditions are harder to prove. For
example, if an individual slips due to water on the staircase, with little
information as to how long that water had been there and whether or not
the responsible party had had a reasonable amount of time to clean it,
it is fairly difficult to prove constructive notice.
The existence of the “constructive notice” illustrates the
concept that having an accident and sustaining an injury is not sufficient
for one to receive compensation, the negligence of the responsible party
must be proven. According to New York State law, the burden is placed
on the Plaintiff to prove that more likely than not, the defendant was
negligent. The Plaintiff must base his or her case upon a preponderance
of the evident in favor of the Plaintiff’s argument. Failure to
do so, will result in an inability to prove negligence and thus an successful
premises liability claim.
In cases where Defendants lack knowledge, it is primarily due to poor supervision
and the failure to properly maintain one’s property. Indeed, homeowners,
business owners, tenants, and landowners often forego much needed maintenance
and repairs in order to increase profits, at the expense of persons who
are seriously or catastrophically injured, or even killed.
In light of these circumstances, and because often times dangerous conditions
are not very noticeable to the public and passerby’s, expert opinion,
instead of “lay” witnesses, is required in order to prove
negligence or a defective condition. At Queller, Fisher, Washor, Fuchs
& Kool our attorneys will hire a cornucopia of experts to establish
the fact that had the Defendant exercised ordinary case, he or she would
have been aware of the defective condition. Some examples of experts that
were retained to corroborate the negligence of the responsible parts are:
- Retention of electrician or electrical engineer in cases where electrocution
has resulted in wrongful death.
- Hiring engineers to prove lack of maintenance or poor design in accidents
involving falling objects or collapsing ceilings.
- Utilization of experts to examine the condition and maintenance of floors,
stairwells, handrails and bannisters. Testimony includes safety tests
and opinions on the conditions of the property with specific reference
to legal guidelines.
The most common types of injuries resulting from premises liability accidents
include bone fractures, articular fractures, brain injures and in certain
cases, even death.
Does Your Injury Entitle You To Compensation?
The occurrence of an accident followed by an injury does not constitute
sufficient grounds for a valid premises liability lawsuit. In order to
have a valid lawsuit, plaintiffs must be able to prove at least one of
- The property owner caused or created the hazardous area that caused the injury.
- The property owner had knowledge of or was informed about the hazardous area.
- The property owner had “constructive notice”, that is, the
hazardous area had existed for a significant amount of time and should
have been noticeable enough for a reasonable person exercising ordinary
care. Thus, implying that the property owner had had the opportunity to
remedy the situation.
It must also be proven that the property owner’s negligence directly
caused the injury in question. Additionally, the sustenance of the injury
must have caused the victim to endure either economic or non-economic
damages. Economic damages include loss of current and future wages and
medical bills, where as non-economic damages refer to emotional and physical
pain and suffering endured as well as loos of consortium or enjoyment of life.
Staten Island Swimming Pool Accident Attorneys
Swimming pools can be considered the epicenter of relaxation, socialization
and physical exercise. However, when improperly monitored and maintained,
swimming pools can be hosts to devastating accidents, with the potential
to be fatal in some circumstances. Swimming pools that lack signs indicating
the depth of the pool at different intervals can cause severe injuries
such as concussions, fractured skulls and spinal damage. Additionally,
in the case that swimming pools lack a gate or proper fencing surrounding
them they may post a serious threat to small children. Negligence on the
part of swimming pool owners in this particular area has often resulted
in some heartbreaking and absolutely tragic cases. Individuals who have
a suffered an injury in the swimming pool due to the owner’s negligence
may be able to recover compensation for any damages that they might have
sustained as a result of the accident, by filing a valid premises liability
lawsuit in court. At Queller, Fisher, Washor, Fuchs & Kool we understand
that such an incident can permanently alter the life of the victim and
thus we are committed to helping our clients get their lives back on track
following an unnecessary injury. We understand that we cannot undo the
physical damage caused by the incident, but we can however, return a sense
of normalcy o your life by pursuing the maximum possible monetary compensation
on your behalf in court in order to ensure that you do not have to endure
an unnecessary financial burden and can focus on your health and your recovery.
Nature of Compensation
In the case that an individual suffers an injury in a swimming pool, he
or she may be able to recover damages in a lawsuit. Damages may either
economic or non-economic losses that an individual has suffered as a result
of the accident. In the case that an individual sustain an injury in a
swimming pool accident, which was directly caused by the negligence of
another, the victim may be able to receive compensation for the following:
Lost Wages: In the case that an individual suffers an injury due to a swimming pool
accident, he or she may miss significant time at work whilst recovering.
Though victims might be able to recoup some of their lost wages through
workers’ compensation, they may not be able to receive compensation
for all the losses that they have sustained. Consequently, victims are
allowed to recover compensation for any losses that workers’ compensation
does not cover in a general premises liability lawsuit. Additionally,
in the case that the injury proves extremely serious and long lasting
and the victim is unable to return to the workforce, he or she may be
able to receive compensation for any loss of future earnings
The Cost of Medical Bills: Injuries sustained in a swimming pool accident may require numerous medical
procedures and frequent trips to the doctor, resulting in extremely high
medical costs. In certain cases,, the victim’s insurance will not
cover the full amount of the medical treatment. Thus, the victim is eligible
to file a premises liability lawsuit to recoup compensation for any medical
bills not covered by insurance and any future medical expenses caused
by the injury suffered in the swimming pool.
Pain and Suffering: Pain and suffering are defined as non-economic damages and pertain to constant
physical pain, emotional trauma and loss of life’s enjoyment that
the individual has to endure as a result of the injury. Thus, the law
allows for victims receive compensation for the damages that they have
sustained from this particular category.
Wrongful Death: In the case that the swimming pool accident proves fatal, the family of
the victim may be able to file a lawsuit on behalf of the deceased. Families
may be eligible to receive compensation for their loved one’s lost
wages and future earning potential, loss of consortium, funeral costs
and pain and suffering.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
Do not hesitate to call our New York law office today at (212)-406-170
or contact us online to schedule a free consultation and discuss your
legal options. We have accept our cases on a contingency fees basis, that
is, no monetary fees is expected of you until and unless we are able to
secure a monetary settlement on your behalf.