Why You Need an Attorney for Your Premises Liability Case

Premises liability is a type of personal injury law that obligates property owners to keep their properties reasonably safe and free of hazards. Trip or slip and fall lawsuits constitute a major segment of premises liability cases, and cover a range of negligent conduct on the part of property owners. Have you been injured in a trip or slip and fall case? If so, how do you establish the property owner’s liability? Count on the seasoned legal counsel of Miller, Montiel, & Strano, P.C. The duty of reasonable care In New York, all property owners - from residential home owners to commercial businesses - must keep their premises in a reasonably safe condition. To quote one recent case, “The landowner owes people on their property a duty of reasonable care under the circumstances to maintain the property in a safe condition.” The phrase “under the circumstances” is key. Let’s say there is standing water on a set of stairs that causes someone to slip and fall. But let’s add that the standing water is there because the staircase is under water due to flooding caused by a hurricane. The owner would not be expected to somehow remove the water during the middle of the hurricane, especially if the rest of the property is underwater. Every case of premises liability must therefore be considered in light of the specific circumstances involved. However, where the property owner failed to take reasonable steps to prevent slips and falls, the victim can hold that party liable. Steps to proving liability Seeking medical attention immediately after suffering a trip or slip and fall will be the single most important step you take. To begin with, your health matters more than anything else. Delaying or refusing to see a doctor could make a bad situation worse. Also, you could inadvertently hurt your chances of recovery. The more time between a trip or slip and fall and when you see a doctor, the easier it will be for the at-fault party’s attorney to either blame you or blame someone or something else for your injuries. So be sure to see your doctor or call 911 right away. If you are able to, you need to take pictures and record video of the trip or slip and fall scene. That includes exactly where you fell and the immediate vicinity around it. Evidence in trip or slip and fall cases tends to disappear quickly. For instance, if ice caused your accident, it may soon melt. Or the property owner may go and clean up the scene as soon as you leave, destroying evidence in the process. The more pictures and videos, and the sooner they are made, the better. Speak with any witnesses that saw what happened, and be sure to get their contact information for later. These individuals can provide valuable testimony in court about not only your accident but the conditions that caused it. Your attorney can reach out to these people later. You should also write down any details about the accident that you can remember. Focus particularly on not just the trip or slip and fall itself, but everything leading up to it. Where were you going? What time was it? What was the address of the business or residence where you slipped? What were the exact conditions that made the premises unsafe? The more detail, the better. Lastly, talk to a knowledgeable premises liability attorney. Our firm can help. Miller, Montiel, & Strano, P.C. Is Here To Serve You Your lawyer will also conduct an investigation to uncover relevant information that will help you establish the defendant’s liability. For example, the property owner may have previously been warned or cited for unsafe property conditions, a fact which will work strongly in your favor. Let Miller, Montiel, & Strano, P.C. represent you in demanding the maximum compensation for your injuries available under law. Call us today.

Manhattan Building Collapse Linked to Faulty Design and Poor Maintenance, Investigation Finds In 2023, tragedy struck in Lower Manhattan when a multi-level parking garage collapsed, killing one person and injuring five others. In the aftermath of the disaster, the City of New York commissioned a forensic engineering investigation to determine what went wrong. The findings are deeply concerning. According to the investigation, the collapse was the result of two major factors: improper building design and ongoing poor maintenance. Shockingly, reports also indicate that unauthorized construction was taking place inside the garage at the time of the collapse — without any permits or safety oversight. Six workers were inside the building when it gave way. All six were injured; one of them tragically died as a result of his injuries. The lives of these individuals and their families were forever altered — not by an unforeseeable accident, but by what appears to be preventable negligence. Negligence in Building Ownership and Maintenance Property owners in New York — and everywhere — have a legal duty to maintain their buildings in a reasonably safe condition. When they fail to meet this duty, and someone is hurt or killed as a result, the law may consider it negligence. Unfortunately, the Manhattan parking garage collapse is just one of many examples where this duty has been ignored. Common causes of preventable building accidents include: Faulty or unsafe structural design Use of cheap, low-quality materials Poor or rushed construction practices Failure to inspect or repair known hazards Inadequate responses to tenant or worker safety complaints Unauthorized or unpermitted renovations General lack of upkeep and neglect over time When these issues are ignored, the results can be catastrophic — including collapsing ceilings, breaking staircases, cracked and lifted sidewalks, falling facades, and structural fires. These are not just violations of safety codes; they are direct threats to human life. Holding Negligent Property Owners Accountable At Miller, Montiel & Strano, P.C., we have extensive experience representing victims of premises liability and building safety failures. We understand the complex nature of these cases, the building codes that apply, and the forensic investigations required to prove liability. Most importantly, we fight to hold negligent parties accountable and help our clients recover the compensation they deserve for medical expenses, lost wages, and pain and suffering. If you or someone you love has been injured due to a building collapse, unsafe property conditions, or any form of property owner negligence, you may have the right to file a personal injury claim. Our team will evaluate your case and explain your legal options — with no obligation and no upfront cost. Contact Miller, Montiel & Strano, P.C. today for a free consultation. Your rights matter — and we're here to protect them.

Bronx, NY (August 3, 2021) – Around 8:00 p.m. on Monday evening, August 2, a young girl died after a handrail collapsed on top of her, per reports from officers with the New York Police Department. more Police say the 8-year-old girl died after a marble handrail collapsed on top of her at a residence in the Westchester Square neighborhood of the Bronx. Officers arrived on the scene shortly after the incident occurred and found the girl with trauma to her head. She was rushed to NYC Health + Hospitals/Jacobi Medical Center in the nearby neighborhood Morris Park via ambulance. She was later pronounced dead, according to the NYPD. A preliminary investigation found that the girl suffered extensive injuries when the marble handrail became detached from the front of a house and fell directly on top of her, NYPD Detective Sophia Mason said. News footage from the scene showed a trail of blood in front of the house, along with large, broken pieces of the handrail that were scattered to the side of the porch. The girl's family reportedly began renting the home where the accident occurred earlier this year. The landlord's name was not released, but authorities with the NYC Department of Buildings said that several complaints have been made about the property since 2016. The investigation into the circumstances of the accident remains ongoing, and further details have not been released. We would like to offer our deepest condolences to the family of the deceased child at this time. Premises Liability Claims in New York Hundreds of accidents occur every year in the state of New York. In one recent year, handfuls of people lost their lives in construction accidents, slip-and-fall incidents, and similar occurrences due to the negligence of others. Employers, landlords, and other property owners are expected to take special precautions so that others will not be injured or killed in these horrific accidents. In New York State, when someone is injured or killed while lawfully on someone else's property, the owner is liable if the owner's negligence caused your injury. Known as premises liability, this responsibility ensures that victims and their families are protected if an accident occurs through no fault of their own. If you have lost someone you love in a fatal accident, it is important that you have the help of a legal advocate on your side. Losing somebody you love in a fatal accident can impact your life in many ways. You likely have questions that only an accident attorney will be able to answer. For instance, what deadlines will you have to meet when it comes to your claim? Will your claim be settled or make it to trial? What evidence is needed when you are working on your case? It is important that you have options and answers to your questions. Our New York premises liability attorneys at Miller, Montiel & Strano are here for you after you have lost someone you love in a preventable accident. We understand how overwhelmed you may be feeling after a fatal incident has turned your life upside-down. It is important that you have an attorney by your side so that you can work toward compensation for a wide array of losses. Please contact an accident attorney in New York at 516-484-4010 at your earliest convenience. Our skilled New York legal team is here to help you and your family in your time of need. Notes: Our writers use secondary sources when creating these accident news posts. These sources include police and fire accident reports, news stories and newspaper stories, and first-hand accounts from eyewitnesses to the accidents. For that reason, the details surrounding this accident have not been independently verified by our staff at Miller, Montiel & Strano, P.C. If you do find any information that is incorrect, contact our firm to have a correction made immediately. If you would prefer the post to be removed from our site, let us know and we will accommodate you as soon as possible. Disclaimers: The attorneys at Miller, Montiel & Strano, P.C. have strived to build a solid reputation in the local business community throughout the decades. These posts are written to bring attention to the dangers related to serious accidents in our region and hope that everyone uses caution when operating a motor vehicle  The photos used in this post were not taken at the accident scene. The information in this post is not intended to be legal or medical advice. This post is not a solicitation for business.