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Whether the property in Brooklyn is an apartment building on Ocean Parkway, a single family home in Bay Ridge or an office building on Court Street, the basic rule is the same: property owners must keep their premises reasonably safe. If you were injured because a property owner failed in this basic obligation, let our experienced Brooklyn accident attorneys explain what you need to do.
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While cases involving a trip and fall accident, slip and fall accident, or the negligent maintenance of property are all different, the proof needed to win this type of case is basically the same: you must show that the property was not reasonably safe. In addition, you must prove that the property owner failed to fix the dangerous condition even though the owner knew or should have known about the problem before the accident happened. This is known as the notice requirement. You can also prove notice by establishing that the property owner created the dangerous condition by making a negligent modification or repair to the property.
Some examples of common premises liability cases include: broken steps and handrails; crumbling or raised sidewalks, defective elevator or escalators, faulty electrical wiring, windows that slam closed, leaking ceilings – to name just a few. Here are some general categories of premises liability cases:
The City of New York owns a lot of property in Brooklyn, including the sidewalks we walk on every day. The proof necessary in a case against a municipality, like the City of New York, has one major difference from the proof necessary in claims against private defendants: the written notice requirement. Under the law, you must prove that a municipal defendant – like the City of New York or the New York City Housing Authority – received actual written notice of the exact condition that caused your accident, before your accident happened. If the municipal defendant did not receive prior written notice of the defect before the accident happened, the case will be dismissed.
In addition,claims against municipal defendants require the filing of a Notice of Claim within 90 days of the accident. Also, the statute of limitations, or the time within which you have to start a lawsuit is only 1 year and 90 days, and not the longer, 3 year statute of limitations for cases against private defendants.
If you have any questions about your Brooklyn trip and fall accident, slip and fall accident or other Brooklyn premises liability case, contact our experienced Brooklyn accident attorneys by email or by calling (800) 762-9300. You can also get started by simply filling out a premises liability case intake form and one of our attorneys will get right back to you.
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