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Premise Liability

If you have suffered injuries in Slip, Trip & Fall or any other type of accident then do call Premise Liability Lawyers, Frekhtman & Associates at 1-866-ATTY-LAW

Premises liability usually refers to accidents such as slip and fall, trip and fall, ceiling collapses, and other incidents on sidewalks, inside apartment buildings, and other dwellings. In order to determine whether you may have a viable premises lawsuit, it is important to contact an experienced personal injury lawyer at (866) ATTY LAW.

Different types of premises accidents include :-

  • Slip, Trip & Falls
  • Building Accidents
  • Trip and Falls on City Sidewalks and Roadways
  • Construction Accidents
  • Falls from Ladders & Scaffolds
  • Municipal Liability
  • School Accidents
  • Ceiling Collapses
  • Elevator & Escalator Accidents
  • & all types of accidents & injuries

Some types of cases are covered under the law and some are not. For example, a trip and fall due to a raised or uneven sidewalk adjoining a large apartment building will most likely be covered under New York’s Administrative Code 7-210 which places responsibility for a defective sidewalk on the adjoining landlord. But in other cases, the law may not protect the injured individual. If someone falls in the middle of a roadway while crossing the street and is not sure of the cause of the fall, the lawsuit will most probably fail.

One common element running through all premises liability actions is the concept of notice. Notice means that the landlord, management, or other party you allege is responsible for the accident had to know about the defective condition at issue. There are a few types of notice. Actual notice means someone actually notified or told the defendant about the condition and they failed to fix it. In the example of a ceiling collapse, actual notice would be the tenant writing a letter to the landlord or management of his building complaining about a ceiling leak and cracks. If 1 month went by with no remedial action followed by a collapse, the tenant would be able to prove actual notice.

Constructive notice means that the defendant should have found the condition and fixed it using reasonable care. Constructive notice can be inferred from the fact that the condition was in existence for a substantial period of time. In the same example, if the tenant never complained about the ceiling collapse but the ceiling in his living room was yellow, stained, leaking, and cracked for a 3 months it can be argued that the landlord should have constructive notice of it. This is especially true if the landlord came in to look at the ceiling and or perform inspections or maintenance in the apartment. Another example of constructive notice may be a puddle in a parking lot. If a store patron sees a puddle on his way into a supermarket, then shops for 1 hour, and slips on the puddle on his way out, it may be argued that the supermarket or parking lot landlord had constructive notice of the puddle since it existed for 1 hour and they never found it or cleaned it up. The fact that the defendant does not find or fix the defective condition means they were negligent.

The last type of notice is called caused and created. Even if a defendant did not have actual or constructive notice of a condition, they may be liable if they caused and created the very condition complained of by the plaintiff. For example if a janitor is mopping the floor with soapy liquid and leaves puddles or spots in different areas without putting up signs or blocking the area off in any way and someone slips and falls on the wet spot, it can be argued that the janitor caused and created the condition. So even though no one complained about the wetness and the wet spot was only present for a few seconds, the defendant may be liable since the janitor created the wet condition.

In summary, there are many types of premises cases. The most common are slips and falls on liquid or transient conditions, trip and falls in holes, raised portions of the sidewalk, or objects. Ceiling collapses and other multiple dwelling accidents are also common. But premises cases include a potentially unlimited scope of different accidents. For example, someone may fall at a restaurant due to a waiter spilling some food on the floor and not cleaning it up,.or fall in a store due to frayed or torn carpeting,.or a rug that is uneven or rolled up,..or fall due to inadequate lighting making it difficult to see.

if you or a loved one has suffered a premises accident, contact the attorneys at Frekhtman & Associates for a free consultation.

If you think you have been a victim of premise accident, you should contact Frekhtman & Associates for a free consultation.

What People Are Saying

Excellent job on my case. These car accident lawyers answered all my calls and questions. They moved the case through the court quickly and the end result…

11/29/2013 Yelp
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Rick Mogg goes to bat for his clients 100%. Rickydarts

01/25/2011 Superpages
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What People Are Saying

One of the best personal injury lawyers in ny. I would surely recommend frekhtman & associates to anyone who is searching or a reliable accident attorney or personal injuy lawyer in ny state. Thanks for the help.

03/19/2013 Superpages
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What People Are Saying

This small law firm was very helpful and friendly. The car accident lawyers treat their clients very well. While my auto accident case was pending, the attorney kept in touch by phone or email and answered my questions. When it came time to go to court, the trial attorney was aggressive fighting for the most possible. Overall excellent.

10/06/2013 Google
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What People Are Saying

Good personal injury lawyers near bronx, ny. I got injured in a car accident all due to the negligence of the school bus driver who was driving recklessly. I received serious injuries and was denied any help from insurance company. thanks to the Frekhtman & Associates. I got compensation for injuries and insurance company was held accountable too for denying compensation.I would surely recommend this law firm to anyone searching for an accident attorney near NY.

03/20/2013 Google
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I was very happy with the outcome of my personal injury case. Mr. Frekhtman and staff was very helpful and always kept me updated. Anytime I had a question or concern, he always took time out to respond right away. Thank you Frekhtman & Associates for your hard work and dedication!

10/20/2013 Google
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I referred by a friend to a construction accident lawyer here who knew about $2.8 million settlement here for a worker on who concrete fell from the excavator bucket. I have similar job site accident injury from falling debris. I walked in here in Febuary…very happy so far. These boys have my back and listen, bring on best experts and let justice be served!

10/28/2013 Google
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The thing that impressed me most about this firm is the fact that they were extremely professional & the staff genuinely cared. The entire team were very accommodating, You can always count on them, They truly work as a team, always received rapid responses & answers to questions or concerns via emails, calls, meetings.The lawyers and staff will make anyone feel very relaxed and at ease, and confident in all of your representation. You an trust them w/ all matters.You can TRUST Frekhtman & Associates firm to have your interest at heart.

01/26/2016 Google
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Great communication in both language English and Spanish and also work fast on your case and in your favor all the time i always ask for yahaira she was able to solve all my needs every time i call about the case.

08/27/2014 Google
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This firm has good attention to detail and prepares clients the right way. They treat clients like they are a close member of their family. I love that. Also they obtained an amazing award for my case

05/14/2015 Google
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What People Are Saying

My son passed away because of a car accident in Manhattan. Frekhtman and Associates have been extremely helpful in taking me through the litigation process taking care every step of the way. I just want to thank them for all of the amazing work they did for me and my family.

02/29/2016 Google
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What People Are Saying

My son passed away because of a car accident in Manhattan. Frekhtman and Associates have been extremely helpful in taking me through the litigation process taking care every step of the way. I just want to thank them for all of the amazing work they did for me and my family.

02/29/2016 Google
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Very hard working attorneys who care about their clients. They took the time to explain things step by step and did not stop fighting on our family?s behalf until justice was served.

Pedro Gonzalez
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Frekhtman & Associates handled my motor vehicle accident. The case was successfully resolved, in a timely manner, thanks to the great team at Frekhtman & Associates, and especially Jennifer Sheridan. She was helping me with every question or concern, and was always prompt with answers. I am completely satisfied.

Marsha Grabov
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Really good accident attorneys in New York City. I had received serious spinal injuries in a motorcycle accident all due to a negligent car driver. Frekhtman associates from Ny helped me receive compensation which helped me to recover from injuries and other financial losses suffered due to the accident. I would surely recommend them.

Reggie Smith
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    Phone: (866) 288-9529
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