Our Buffalo Premises Liability Lawyers Help You Get Compensation
Property owners have a duty to maintain premises in a safe condition so visitors on their property are reasonably protected from undue harm. This means taking action to fix hazards they know or should have known about, warning about these hazards and taking steps to prevent injuries until the hazards are fixed. If they fail to do so and someone is injured on their property as a result, they may be held responsible and liable for damages.
Falls caused by dangerous circumstances on the property can result in very serious injuries, such as fractured hips, severe ankle injuries and other injuries which can cause permanent damage. Falls can also cause upper-extremity injuries, such as shoulder, arm and wrist fractures, severe head and brain injury, or even death. Survivors may face long-term pain and suffering, need expensive continuing care, and they may be left unable to work at a time when medical bills and costs keep mounting. Social and family life may be disrupted, and life may never be the same again.
If you or a loved one has been injured or someone has died due to negligence on the part of a property owner, you may be entitled to compensation for your injuries through insurance or a personal injury lawsuit. While no amount of money can make up for horrible suffering, receiving compensation can alleviate your financial worries, pay for needed care, and allow you to focus on your recovery.
New York premises liability law is complicated, and insurance companies have high-powered lawyers who will try to get you to settle for the lowest amount possible or even use tactics such as claiming the accident was your fault to avoid paying. Fortunately, you do not have to fight for fair compensation on your own. At this difficult time when you are trying to recover from your injuries, there is help available from the experienced premises liability lawyers at Feroleto Law.
Attorney John Feroleto has handled multiple premises liability cases, winning large settlements for injured clients for nearly 40 years. Our firm provides a free consultation to discuss the individual circumstances of your case and determine the best way to moved forward. In addition, we offer a “no fee guarantee” — if we don’t win, you don’t owe us a legal fee.
[call out] Don’t delay — it’s important to secure and preserve evidence quickly. If you have been hurt in on someone else’s property in Buffalo, Rochester or Syracuse or other counties in New York State, call Feroleto Law at 716-854-0700 to get started.
How Our Buffalo Premise Liability Law Firm Works for You
Having a lawyer on your side can help make sure all aspects of your case are handled correctly and prevent making costly mistakes. When you hire Feroleto Law, we will immediately start working on your behalf. We will:
- Meet with you to hear how the accident happened and determine if there was negligence, who might be liable, and what the case may be worth
- Investigate the accident scene and gather evidence such as photos and videos
- Interview witnesses, police officers, and first responders
- Consult ASTM F1637-95 to see if the property complied with design and construction guidelines and minimum maintenance criteria
- Check local building codes — such as the New York Fire, Building, and Property Maintenance codes — to ensure these were properly monitored by the property owner
- File all paperwork in accordance with New York court requirements and deadlines
- Hire experts to reconstruct the accident and experts to testify as to liability and how your injuries negatively impact your life
- Negotiate with insurance companies and their attorneys for a fair settlement
- Build your case and take it to trial if necessary.
Premises Liability Attorneys in Buffalo Must Prove Negligence
Property must be kept safe for all people, including people with disabilities, senior citizens, children, etc. To win your case, our premises liability lawyers must prove that another party, the defendant in the case, failed to keep the property safe, and was therefore negligent or at fault for causing the injuries you received.
Dangerous conditions can exist on any type of property, including businesses, shopping centers, restaurants, homes, schools, churches, and public places. Landlords, property owners, or managers have a responsibility to use reasonable care to maintain and fix these conditions to prevent injuries, and they must regularly inspect the property for conditions that could cause harm. Failure of a landlord or property owner to use reasonable care is considered negligence, and they can be held liable for injuries that result.
Examples of premises negligence that can cause liability include:
- Defects in sidewalks, roadways, concrete, or uneven flooring
- Wet floors without warning signs
- Poor lighting in stairs, hallways, or parking areas
- Carbon monoxide leaks
- Unsafe elevators and escalators
- Broken steps or handrails on stairs
- Improperly stacked merchandise in stores
- Negligent security that led to situations such as shootings and criminal actions of a third party.
To prove negligence legally, our premises liability attorneys in Buffalo must investigate the case and produce evidence to show the existence of the following elements:
- The defendant owed you a duty of care not to cause harm.
- The defendant breached and failed to fulfill the duty by actions or failure to act.
- This breach caused the fall that injured you.
- You suffered actual damages as a result.
There are situations where multiple parties are at fault for premises liability, such as when there is a corporation or several individuals who owned the property, or there is a management company who neglected to make necessary repairs. Our attorneys would seek to locate all negligent parties, as they all may have insurance and assets that may go toward a settlement.
Damages Awards Our Premises Liability Attorneys May Recover
Compensation Covers Both Economic and Noneconomic Damages
In a successful case, our Feroleto Law attorneys can win a monetary award, called damages, as compensation for your injuries (also called damages). New York allows compensatory damages that generally cover both economic and non-economic losses.
Economic Damages are for monetary losses and costs, including:
- Medical and therapy bills
- Lost earnings and future earnings
- Property damage.
Non-economic Damages are for damages do not have a specific dollar value but negatively affect your life, such as:
- Pain and suffering
- Mental and emotional anguish
- Loss of consortium and enjoyment of life
- Permanent disability
In some rare cases, punitive damages may also be awarded. The purpose is to punish a defendant who acted in an especially egregious manner and to deter such behaviors in the future
Amounts of Damage Awards
The amounts of damages in a premises liability case can vary greatly, from thousands to millions of dollars, depending on the circumstances of the case. Factors that will be considered in determining amounts include the costs, severity, and permanence of your injuries; your age, family situation, earning potential and ability to work in the future; the availability of insurance and assets of the defendants; and how well your attorney can negotiate a settlement or litigate your case.
[call out] While no one can guarantee a specific amount for compensation, our attorneys will consider all factors and determine what would be a reasonable settlement and will negotiate accordingly and fight for optimum compensation. Call us today at 716-854-0700.
Call Our Premises Liability Attorneys in Buffalo for Help
Why Choose John Feroleto?
If you or a loved one has been hurt in a premises liability accident in Buffalo, Rochester or Syracuse or other counties in New York State, call an experienced construction law lawyer who has full knowledge of the special laws protecting construction workers. John Feroleto, founder of Feroleto Law, has won millions of dollars for injured clients, getting results such as the more than $10 million to a man who suffered catastrophic injuries in a workplace accident.
Don’t delay, as there are time limits for filing. New York has a statute of limitations, a deadline for filing a legal case. According to the law (CPLR § 214), you generally have three years from the day of the accident to file a lawsuit or the courts are likely to refuse to hear your case. Our attorneys can make sure all paperwork and court filings are done in a timely manner.
[call out] The Buffalo attorneys at Feroleto Law operate on a no-recovery, no-fee basis, so you don’t pay us unless we win your case. Call today at 716-854-0700 for your strictly confidential, no-obligation consultation.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]