Smithtown moves at the modern speed of business, but keeps its old village charm thanks to the passion of its community members. While its residents are out and about shopping, working, or visiting others, they face the risk of possible injuries on commercial and residential properties. Any time your injury was caused by the negligence of a property owner or their current tenant, then you could be entitled to compensation for your medical costs, lost wages, pain and suffering, and more.
For more than a half-century, Carner & DeVita has provided experienced Smithtown premises liability lawyers to local citizens in need to help them seek the compensation they deserve. Through the guidance of an attorney, you can heal financially as well as medically in the wake of your property accident. By pursuing the maximum available compensation from all liable parties, your attorney can give your case the best possible chance of a desirable outcome.
Learn more about your legal options after a slip and fall — or any other type of accident — by speaking to a lawyer for premises liability accidents in Smithtown during a free, no obligation consultation. Schedule your free initial case review now when you call (631) 543-7070 or contact us online today.
When an Accident Could Turn into a Premises Liability Claim
People get hurt on accident all the time in this hectic world, but sometimes these accidents have nothing to do with the actions of the injured person. Instead, that person is a victim of the negligence of a property owner who failed in their duty of care to protect visitors from harm.
A premises liability claim is based on the legal concept of negligence. Every negligence case has four main components:
- A duty of care held by a person, such as a property owner, to protect those who visit their property (invitees) from harm to the best of their ability as a “reasonable person” would
- A violation of that duty either through carelessness or willful conduct, which resulted in a dangerous condition
- An injury caused by the dangerous condition created when the property owner (or other defendant) lapsed in their duty of care
- Real damages caused by the injury, which the injury victim can recover from the responsible party through the legal system
How a Smithfield Personal Injury Lawyer Can Assist You after a Slip and Fall
Having a lawyer from Smithtown who is experienced in premises liability law can aid you greatly during your pursuit of compensation. They will use their familiarity with New York state laws and prior case rulings to determine an optimal legal strategy for moving forward with your case. They will also assemble any evidence needed to establish that a property owner created a dangerous condition through negligence that the injured victim couldn’t have possibly avoided.
Many premises liability cases come down to technicalities of the law or knowledge of how courts have previously ruled with similar cases. The defendant property owner may allege that the hazardous condition either could not have been prevented or that visitors were sufficiently warned to the point where they could protect their own safety.
A Smithtown lawyer who is familiar with premises liability accident cases will be prepared for such arguments, so they can be ready to counter them with sound logic combined with airtight facts. New York’s comparative negligence laws also allow for injured plaintiffs to still file a claim or lawsuit even if they were partially responsible for their own injuries. In these instances, the court will determine the percentage of fault and apportion responsibility for the damages accordingly. Injured victims, therefore, always have a motivation to stand up against the defense that they contributed to their own injury circumstances.
Speak with a Smithtown Lawyer for Slip and Fall Accidents for Free
Every case is different, so our premises liability lawyers in Smithtown will approach each one with the optimal strategy for seeking the maximum compensation available under the law. You can schedule a free, no obligation review of your case today to speak with a friendly lawyer in your own community. To book your consultation, call (631) 543-7070 now or contact us online.