With temperatures plunging and months of winter weather still to come, it can be hazardous out there. In New York, property owners, including landlords, have the responsibility to employ reasonable safety measures to protect people on their property. There are strict rules about snow and ice removal, as well as laws setting the minimum temperature it must be inside an apartment.
Many owners and landlords take their responsibilities seriously and do a good job keeping the rest of us safe. But some, sad to say, are negligent. You see it in landlords who turn down the heat to save a few bucks (and in weather like we’ve been having, that could be fatal). Or buildings where the snow builds up on the public sidewalk, or in the parking lot, and just getting from point A to point B becomes treacherous.
And while these “premises liability” cases and “slip and fall” cases can be tricky, the team at Avanzino & Moreno has the experience and skill to help. It often comes down to three key points:
1. Can you prove that you were injured?
Photographs are important. Another key factor is working extra hard to make - and keep - medical appointments. When you skip appointments, the defendants can claim that your injuries were less serious than you say (after all, you didn’t even have to go to the doctor!).
2. Can you show that your injury was caused by the other party’s negligence?
We look at factors like, were there snow removal rules that a landlord failed to follow? Did the landlord follow the rules in some place but not the area that affected you? For example, think of a parking lot where they plow a few strips but literally cut corners, leaving large areas of slick ice.
3. Can you prove that the other party actually owns or leases the property?
This one seems obvious, and you might think it’s easy. And sometimes it is! But especially in a densely populated area like New York, determining the actual owner amongst the LLCs, holding companies and various boards and city agencies is not always clear-cut. You need to roll up your sleeves and track down the information.
We hope that everyone stays safe and warm this winter. But if you are injured and you believe you have a premises liability case, be prepared. Of course get any urgent medical attention right away. But ideally, before you leave the area, you or a family member will take a few cell phone pictures of the area the accident occurred. Make and keep medical appointments with the appropriate specialists. And be sure to call Avanzino & Moreno at 718.802.1616 so we can work to get you the compensation you deserve.
Avanzino & Moreno, LLC, offers this information solely for your entertainment. It is not legal advice and should not be considered as such. This information does not confer any promise or guarantee of outcome, monetary damages, legal services or success in any particular case.