The Law Office of William A. Gallina, P.L.L.C.
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Premises Liability

Experiencing a trip, fall, or other accident on another person’s property can result in serious injuries, requiring long-term care and rehabilitation.  Whether your injury took place at someone’s home or business, property owners have a non-delegable duty to maintain their premises in a reasonably safe condition, such that people coming onto their property should not suffer an injury from a dangerous hazard.  If your injury occurred due to another’s negligence, you may file a claim to secure compensation for lost wages, pain and suffering, and medical expenses.  The Bronx premises liability attorneys at the Law Office of William A. Gallina will stand behind you, provide legal guidance, and fight for the compensation you deserve.

Who can file a premises liability claim?

The duty to maintain one’s property in a reasonably safe condition is owed to any visitor who enters the property, whether invited or not, so long as the visitor’s presence on the property was reasonably foreseeable to the property owner.  If your presence on the owner’s property was reasonably foreseeable, and you sustained an injury due to a defective or hazardous condition on the property, you have the right to bring a premises liability claim for compensation. 

What are some categories for a premises liability claim?

Although there are an array of personal injury claims that occur on another person’s property, the most common claims arise in the context of slip and falls, sidewalk accidents, snow and ice cases, staircase accidents, lead or mold exposure, and a failure to provide reasonable minimum protective security measures.

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Sidewalk Accidents

Sidewalk & Walkway Accidents

A sidewalk fall can result in crippling injuries, including fractured bones, herniated disks, and concussions.  Determining who may be liable for sidewalk maintenance depends on a number of factors. Oftentimes, a municipality may be responsible for the sidewalk’s condition.  In that case, the municipality may be allotted a certain time period to make necessary repairs once it is made aware of the condition, before it can be held liable for that condition.  In other cases, the property owner of a building adjacent to the sidewalk may be responsible for providing and maintaining a clear, safe walkway.  These owners are also responsible for the overall maintenance of the property, including snow and ice removal, clearing other environmental hindrances, and providing an even walkway free of cracks and holes.  If you’ve experienced a sidewalk accident as a result of another’s negligence, it is important to document the sidewalk’s condition in its entirety, such as by taking photographs, as the condition of the sidewalk can change quite rapidly.  Contact our Bronx sidewalk injury lawyers at the Law Office of William A. Gallina for information on filing a sidewalk accident claim. Our lawyers will help guide you through the process and decide if a suit is the right option for you.

Snow & Ice Injuries

When entering a property during the winter season, you have the right to expect reasonably safe conditions.  A property owner has the duty to remove snow and ice from commonly traveled walkways. A slip and fall due to hazardous snow and ice conditions, such as the presence of black ice, or the formation of ice due to improper snow removal efforts, can cause life-altering injuries.  If you have experienced an accident due to snow or ice accumulation as a result of another’s negligence, you may be entitled to compensation.

Premises Liability Verdicts & Settlements*

Below are some representative verdicts and settlements obtained by the premises liability attorneys at the Law Office of William A. Gallina, PLLC on behalf of clients in the Bronx and throughout New York City who suffered injuries due to a hazardous condition on premises:

  • A sloping sidewalk should have had a railing, and a New York Police officer fell as a result of this negligence. A jury verdict awarded him $3,967,266.
  • A food deliveryman slipped and fell while descending a greasy staircase as he attempted to deliver a hand truck full of produce.  He injured his lower back, which necessitated surgery.  He settled before trial for $1,150,000.
  • Tenant claimed that her building’s landlord ignored a leaky ceiling. The leak caused her to fall and injure her knee. A jury verdict awarded her $425,000.  
  • A jury verdict awarded a 67-year-old woman $800,000 to compensate her for hip injuries sustained from a fall on a snow-mounded walkway.
  • A 73-year-old woman sustained a leg injury from a fall due to a torn and frayed lobby rug in her elderly resident apartment building.  She received $800,000 from the South Bronx Community Corp., Housing Development Fund.
  • A 52-year-old female postal worker received $275,000 to compensate her for injuries sustained to her back, knee, and shoulder when she fell as a result of an ignored, recurrent leak.
  • A 49-year old woman in the Bronx received a $975,000 settlement during trial as a result of being sexually assaulted in a building with a pattern of negligent security and premises liability.
  • A jury verdict awarded Julio A., a security guard, $1,033,760 from the Bronx Surface Transit Authority after negligence caused him to slip when exiting a bus onto an icy street.
  • Apartment building tenant suffered injuries to her left foot, which failed to heal after a fall from a neglected stairwell’s broken concrete. A jury verdict awarded her $153,869.60.
  • A jury verdict awarded Earl E., age 79, $663,364 from the City of New York to compensate him for a leg injury after he slipped on an icy sidewalk overpass.
  • Pedestrian settled during trial for $200,000 for knee injuries sustained from a fall on a city street due to negligent street maintenance.   
  • 71-year-old woman, a bakery worker, sustained a fractured hip while retrieving her mail due to negligent sidewalk maintenance.  She received a $240,000 settlement during trial to compensate her for her injuries.
  • The estate of an 81-year-old woman received a $108,000 settlement during trial from the City of New York to compensate for a left elbow bone fracture which required surgery after tripping and falling due to a missing drain grate.
  • A jury verdict awarded a 27-year-old man $150,000 for injuries he sustained from falling on a slippery step in an unlit staircase.
  • 31-year-old woman, unemployed, received a $183,500 settlement during trial after she fell over a cracked and broken sidewalk, resulting in a fracture to her left ankle which required physical therapy and surgery.
  • 65-year-old retiree received a $125,000 settlement during trial from the City of New York for injuries she sustained after slipping and falling on old ice under new snow on a public walkway.
  • A jury verdict awarded a 49-year-old health care attendant $1,249,000 from the City of New York for a fractured ankle which resulted in surgery and the use of a cane after falling due to a broken section of sidewalk.
  • A 60-year-old man was awarded $250,000 after falling on a broken sidewalk hidden by leaves in front of a police station - Bronx, NY.
  • A woman received an $825,000 settlement after falling down the stairs of her apartment building and fracturing her ankle - Bronx, NY.
  • An army spouse was awarded $225,000 after falling at a store injured her knee - Orange County, NY.

*Past results do not guarantee future outcomes.

Filing a premises liability claim requires proving that the property owner knew or should have known of a dangerous condition on the property.  Our Bronx personal injury attorneys will investigate your case and prepare a claim to help you secure compensation.  For more information on premises liability claims or to file a claim with our Bronx personal injury lawyers, contact the Law Office of William A. Gallina at 718-892-0400 or request a free consultation.
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Negligent Security

Property owners are obligated to provide reasonable, minimal protective security measures for visitors in light of the propensity for crime in the area.  An array of incidents can occur on private property, including rape, robbery, assault, or murder.  If the property owner knows or should have known based on past experience that there is a likelihood on the part of criminal wrongdoers to endanger the safety of a visitor, then that owner owes a duty to take protective measures.  Those protective measures may include providing adequate warning to enable the visitor to avoid the harm or otherwise taking steps to protect the visitor. If reasonable minimal security measures were not followed, a property owner may be liable for damages to anyone who suffers injury at the hands of a criminal perpetrator.  Examples of reasonable, minimal security measures include:

  • Properly Functioning Video Cameras
  • Properly Functioning Door Locks
  • Security Officers Patrolling The Property
  • Security Policies and Guidelines
  • Warnings to Visitors

Additionally, if a business owner failed to run a proper background check on its employees or tenants, depending on the situation, you may also be due compensation.  Negligent security claims can arise within various types of venues, including hotels, apartment buildings, schools, stores, or dining facilities. If you experienced an injury as a result of inadequate security, you may be eligible for compensation. The premises liability lawyers at the Law Office of William A. Gallina will help you determine the best course of action for your suit.

Staircase Accidents

Slipping and/or falling down a staircase can lead to debilitating injuries.  In many instances, these accidents are due to unsafe conditions on the stairs, such as:

  • Spilled Liquid
  • Worn Treads
  • Slippery Surface
  • Improperly-Built Stairs
  • Loose Step
  • Absence of Handrail
  • Absence of Adequate Lighting
In the case of negligence, the injured party must be able to prove that the property owner, manager, or its employees were aware, or should have been aware, of the hazardous or dangerous condition on the staircase.  In certain situations, a building code violation, such as improper, uneven stair height/depth or missing/faulty handrails, serves as a basis to hold the owner liable.  Our premises liability attorneys are well versed on the numerous building code requirements for the Bronx, New York City, and outlying counties.  We can help you determine if your injury is due to a code violation, faulty construction, or another’s negligence.
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Lead & Mold Exposure

Lead Exposure

According to the CDC, millions of homes in the U.S. contain deteriorating lead-based paint and elevated levels of lead-contaminated house dust.  Lead poisoning can result in extensive and prolonged health issues for men, women, and children.  Most often caused by lead in paint, adults may experience muscle and joint pain, memory disorders, digestive and nerve problems, and even reproductive issues. Lead poisoning is especially dangerous to children, as it can lead to neurodevelopmental disorders, causing behavior and learning problems, delayed growth, hearing impairment, and other permanent brain damage.  Although the use of lead in paint has been prohibited for many decades, older homes may still have traces of lead in their paint.  Under federal law, homeowners are required to provide buyers or tenants with adequate information before selling or leasing a home with lead paint. Homebuyers and renters have the right to know if the home contains traces of lead.  Our Bronx premises liability attorneys can help you determine if you have a claim based on lead paint poisoning. 

Toxic Mold Exposure

Mold has become a common problem in homes across America.  Caused by exposure to rain, flooding, and wind, mold can often overtake walls and basements in your home if the property is not properly constructed or maintained.  Oftentimes, this mold is toxic, as is the case with aspergillus and penicillium, and repeated or prolonged exposure to such molds may result in severe illness.  Common symptoms of mold exposure are:  

  • Diarrhea
  • Nausea
  • Lung Congestion
  • Watery Eyes
  • Skin Rashes
  • Hair Loss
  • Memory Loss
  • Headaches

If you are a tenant who was exposed to mold left untreated after proper notification to your landlord, you may have a claim for mold exposure.  Additionally, mold may grow in public areas, such as workplaces and schools.  The property owners of those facilities may be liable for repercussions from mold exposure.  If you’ve experienced illness caused by toxic mold exposure, the premises liability attorneys at the Law Office of William A. Gallina may be able to help.

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