Premises Liability Lawyer in Yonkers, NY

What Is Premises Liability?

Premises liability is an important legal concept that holds Yonkers property owners and managers accountable for maintaining safe premises. That is, they must take reasonable measures to prevent injuries caused by hazardous conditions — both apparent dangers and hidden risks.

Your Trusted Advocates: How We Fight for Yonkers Residents

At Tomkiel & Tomkiel, we recognize the profound impact a premises liability injury can have on your life. Our legal team is devoted to providing comprehensive legal support throughout your journey to justice.

• In-depth local investigations: We collect evidence such as incident reports, security footage, and statements from Yonkers residents who witnessed the accident.
• Assessment of liability: Our team identifies all responsible parties, including property owners, tenants, management companies, and other relevant entities.
• Comprehensive damage evaluation: We accurately calculate your potential damages, including medical expenses, lost income, pain and suffering, and other related losses.
• Strategic negotiation: We aggressively pursue fair settlements from insurance companies, leveraging our extensive knowledge of similar cases and legal precedents.
• Robust litigation: If a fair settlement can’t be reached, we're fully prepared to take your case to the court and fight vigorously for your rights.

Our premises liability attorneys have consistently received high ratings from peers and clients alike. Let us put our experience to work for you!

Yonkers Premises Liability Cases We Handle

Our seasoned lawyers have extensive experience handling Yonkers premises liability cases, including:

Slips and Falls

We represent those who have suffered injuries from slipping on wet floors or hazardous patches of ice that property owners or managers failed to address.

Trips and Falls

Our team assists individuals injured due to uneven sidewalks, obstacles, loose flooring, or other hazards that property managers or the City of Yonkers are responsible for maintaining.

Construction Accidents

We advocate for workers and passersby who have been injured due to falling debris, scaffolding collapses, exposure to harmful substances, or other unsafe conditions on Yonkers construction sites.

Dog Bites

Our firm represents individuals who have been bitten by dogs in Yonkers neighborhoods. These cases often arise due to irresponsible pet ownership, lack of proper control in park areas, or a failure to warn about known aggressive behaviors.

Stair and Elevator Accidents

We handle cases involving injuries sustained on stairs or in elevators within Yonkers apartment buildings, office complexes, or public facilities. This includes incidents caused by broken steps, malfunctioning handrails, inadequate lighting, sudden elevator stops, or door malfunctions.

Recreational Facility Accidents

We assist clients who have been injured at one of Yonkers’ many recreational facilities. This includes injuries at local gyms or incidents at public parks, both of which can happen due to poorly maintained equipment or inadequate safety measures.

If your specific case isn't listed here, don't hesitate to reach out. Contact our local office for a consultation, and we'll explore how we can seek justice for you and your loved ones, regardless of the unique circumstances of your Yonkers premises liability injury.

Our Commitment: No Fees Until You Win

We understand that the aftermath of an injury can be financially stressful. That's why we work on a contingency fee basis for all Yonkers premises liability cases, which means you won't pay any upfront costs to hire our firm. It also means that we are only paid if we successfully secure compensation for you — if we don't win your case, you owe us nothing.

During your free, no-obligation consultation at our local office, our premises liability attorneys will provide a detailed explanation of our fee structure, ensuring you can make an informed decision without any financial pressure.

Injured on Someone Else's Yonkers Property? Take Action Now!

Don't let negligent Yonkers property owners evade responsibility for your injuries. Contact Tomkiel & Tomkiel today for a free, confidential consultation and to learn more about how we can help you pursue compensation for your losses.

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Navigating Premises Liability Law in Yonkers, NY

To successfully pursue a Yonkers premises liability claim, it's necessary to prove four key elements of negligence:

• Duty of care: It must be shown that the property owner had a legal obligation to maintain a safe environment.
• Breach of duty: You must prove that the property owner failed to uphold their duty, such as by neglecting to repair a known hazard or failing to implement safety measures.
• Causation: You and your attorney must show that the property owner’s breach of duty directly led to your accident.
• Losses: You must demonstrate that you suffered tangible harm as a result of the injury, such as medical bills, lost wages, or other quantifiable losses.

If you and your attorney can prove these elements, you will likely be able to recover damages to cover your losses.

Potentially Liable Parties in Yonkers Premises Liability Cases

Depending on the specific circumstances of your case, liability can be established against various parties, including:

• Property owners: Owners bear primary responsibility for ensuring the safety of their premises, whether it's a family-owned shop or a large commercial complex.
• Landlords: Landlords are responsible for maintaining common areas in apartment buildings and ensuring overall tenant safety, particularly in multi-unit dwellings.
• Business operators: Yonkers businesses, from local eateries to major retailers, have to provide a safe environment for customers and employees.
• Property management companies: Third-party management companies may share liability for failing to maintain safe conditions or address known hazards.
• Construction entities: If construction work contributes to a hazardous condition, then the construction company, contractors, or subcontractors may be held liable.
• Government entities: For accidents occurring on public property (such as city parks or municipal buildings), the local government may be held liable — though special rules often apply to such cases.
• Tenants or occupants: In some instances, individual tenants or occupants of a property might be found liable if they created or failed to report a hazardous condition.

Our team will conduct a thorough investigation into the circumstances of your accident, identifying all potentially liable parties to ensure we pursue maximum compensation for your injuries.

Compensation Available in Yonkers Premises Liability Cases

If you've suffered an injury due to someone else's negligence, you may be entitled to various forms of compensation.

Economic damages are meant to compensate you for quantifiable financial losses resulting from your premises liability injury. They can include:

• Medical expenses: This includes costs for emergency treatment, ongoing care, medications, physical therapy, and any future medical needs.
• Lost income: We'll calculate both your current lost wages from missed work and potential future earnings if your injury impacts your long-term career prospects.
• Property damage: If any personal property was damaged or destroyed in the accident, we'll seek compensation for repair or replacement.
• Home modification costs: If your injury requires modifications to your residence (such as wheelchair ramps or bathroom modifications), we will pursue compensation for them.

Non-economic damages address the intangible impacts of your injury, and they can include:

• Pain and suffering: This compensates you for the physical pain and emotional distress experienced as a result of your injury.
• Mental anguish: If your accident has led to anxiety, depression, or PTSD, this can be factored into your compensation.
• Loss of enjoyment of life: This addresses how your injury has diminished your ability to participate in activities you once enjoyed, from social events to recreational pursuits.
• Loss of consortium: In cases where your injury has significantly impacted your relationship with your partner, they may be entitled to compensation for their loss of companionship and support.

We will work to identify all potential forms of compensation to make sure you receive the maximum amount possible.

Essential Steps After a Premises Liability Injury in Yonkers

Taking the right actions immediately after a premises liability injury is necessary for protecting both your health and your legal rights. Here's a step-by-step guide on what to do after an accident on someone else's property:

• Prioritize your health: Seek immediate medical attention, even if your injuries seem minor.
• Report the incident: Notify the property owner, manager, or staff about the accident. For accidents in public spaces, contact the relevant government entity.
• Document everything: Take photos and videos of the accident scene, fully capturing the hazardous condition that caused your injury.
• Gather witness information: If anyone witnessed your accident, collect their names and contact information. They can provide valuable testimony to support your case.
• Start a journal: Begin documenting your pain, medical treatments, and how the injury is affecting your daily life. This personal account can be powerful evidence.
• Be cautious with insurance companies: If you're contacted by an insurance adjuster, be polite but refrain from giving detailed statements or accepting quick settlement offers.
• Contact Tomkiel & Tomkiel: Reach out to our office as soon as possible. The sooner we're involved, the better we can protect your rights and build a strong case.

The legal team at Tomkiel & Tomkiel will guide you through each step of the legal process, helping you have the best chance at a favorable outcome.

Understanding the Statutes of Limitations in Yonkers, NY

In most cases, you have three years from the date of the injury to file a premises liability lawsuit.

However, there are some exceptions to this rule:

• Claims against Yonkers: If your injury occurred on property owned by the City of Yonkers, you typically have 90 days to file a Notice of Claim. After that, you have a year and 90 days to file a lawsuit.
• Cases involving minors: If the injured party is under 18, the statute of limitations may be extended — typically until their 18th birthday.
• Discovery rule: If the injury wasn't immediately apparent, the clock may start ticking from when you discovered (or should have reasonably discovered) the injury.
• Wrongful death claims: If the accident resulted in death, the family generally has two years from the date of death to file a wrongful death lawsuit.

As you can see, these deadlines can be quite complex and may vary based on the specific circumstances of your case. Consulting with Tomkiel & Tomkiel promptly ensures that your claim is filed within the appropriate time frame, preserving your right to seek justice and compensation.