Founding Partner
At Parker Waichman LLP, our Brooklyn premises liability lawyers understand property-related accidents. These incidents take a physical, emotional, and financial toll on victims and their families. Our legal team has recovered over $2 billion for clients. With more than two decades of experience handling personal injury cases, we provide the knowledge and resources needed to pursue full compensation for your injuries.
If you or a loved one suffered an injury on someone else’s property in Brooklyn, contact our office today at 800-968-7529 for a free consultation. We work on a contingency fee basis. This means you pay nothing unless we win your case.
At Parker Waichman LLP, we provide thorough legal representation to Brooklyn premises liability victims. We handle every aspect of your case so you can focus on recovery. Our approach includes:
We offer complimentary consultations to evaluate your case and explain your legal options. During this meeting, we’ll review the circumstances of your accident. We’ll assess the strength of your claim and answer your questions about the legal process. There’s no obligation, and you’ll gain valuable insight into your situation.
Our legal team conducts thorough investigations to establish liability and document damages. We visit accident scenes and interview witnesses. We obtain surveillance footage and review maintenance records. Additionally, we consult with experts to build compelling evidence of the property owner’s negligence.
Complex premises liability cases often require expert testimony. We work with safety engineers, building code specialists, medical professionals, economists, and other experts. They provide authoritative opinions supporting your claim.
Insurance companies often make lowball settlement offers. They hope victims will accept less than their cases are worth. Our attorneys have extensive experience negotiating with insurance adjusters and defense lawyers. We know the tactics they use and how to counter them effectively to secure fair compensation. You can learn more about our dedication to client service by reviewing client testimonials.
While many premises liability cases settle before trial, we prepare every case as if it will go to court. Our attorneys have successfully tried numerous personal injury cases. We aren’t afraid to take your case to trial when insurance companies refuse to offer fair settlements.
We handle premises liability cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. This arrangement allows injury victims to access quality legal representation regardless of their financial situation.
We understand that serious injuries affect every aspect of your life. Our team provides support throughout the legal process. We keep you informed of developments and answer your questions promptly. Furthermore, we connect you with medical providers and other resources you may need.
Parker Waichman LLP maintains an office in Brooklyn at 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor. This makes it convenient for Brooklyn residents to meet with our attorneys. We also have offices throughout New York, New Jersey, and Florida. This allows us to serve clients across multiple jurisdictions.
Our firm’s recognition includes AV Preeminent ratings from Martindale-Hubbell and inclusion in Best Lawyers in America. We also hold membership in The National Trial Lawyers Top 100. Founding partner Jerrold S. Parker has received a Five Dragon rating from Law Dragon. This represents the highest designation for litigation excellence.
Premises liability refers to the legal responsibility property owners and occupiers have to maintain safe conditions for people who enter their property. Under New York law, property owners owe a duty of reasonable care under the circumstances to all people whose presence on the property is reasonably foreseeable. The focus is not on the visitor’s status but on foreseeability, whether the owner should have anticipated that someone might be on the property and taken steps to prevent harm.
Courts can hold property owners in Brooklyn liable when they knew or should have known about a dangerous condition on their property. They must also have failed to take reasonable steps to address it. This concept, known as “constructive notice,” means that even if an owner didn’t have actual knowledge of a hazard, they can still face responsibility. This applies if the condition existed long enough that a reasonable inspection would have discovered it.
Common examples of property owner negligence include:
Brooklyn premises liability cases encompass a wide range of accidents and injuries. These occur on both private and public property. Our attorneys handle various types of premises liability claims throughout Brooklyn’s diverse neighborhoods and commercial districts.
Slip and fall accidents represent the most common type of premises liability case in Brooklyn. These incidents occur when hazardous conditions cause someone to lose their footing and fall. They often result in serious injuries.
Common causes of slip and fall accidents include:
These accidents frequently occur in Brooklyn grocery stores, retail shops, restaurants, apartment buildings, and office buildings. They also happen on public sidewalks. Property owners must take reasonable steps to prevent these hazards or warn visitors of their presence.
Similar to slip and falls, trip and fall accidents occur when an object or surface irregularity causes someone to stumble. Broken sidewalks, exposed cables, uneven flooring transitions, and cluttered walkways commonly cause these incidents.
Property owners may face liability when inadequate security measures lead to assault, robbery, or other criminal acts. This includes insufficient lighting, broken locks, and a lack of security personnel in high-crime areas. It also includes failure to address known security risks.
Failure to properly maintain a property can create numerous hazards. These include broken elevators and escalators, defective stairs, structural defects, plumbing leaks, and electrical hazards.
Some premises liability cases involve exposure to harmful substances. These include lead paint, asbestos, mold, carbon monoxide, and other toxic chemicals.
Pool owners must maintain proper safety measures. These include adequate fencing, functioning drain covers, proper chemical balance, and supervision in commercial settings.
Property owners may face liability when their animals attack visitors. This is particularly true if they knew the animal had dangerous propensities. Our Brooklyn dog bite lawyers handle these complex cases.
Inadequate safety measures at construction sites can lead to serious injuries. These include falls, falling objects, equipment accidents, and exposure to hazardous materials.
Premises liability accidents can result in injuries ranging from minor bruises to catastrophic, life-altering conditions. The severity of your injuries directly impacts the compensation you may recover. It also affects the medical treatment you’ll require.
Common injuries from premises liability accidents include:
Fractures and Broken Bones: Falls and other accidents frequently cause broken wrists, arms, legs, hips, and ankles. Hip fractures are particularly serious for elderly victims. They often require surgery and extensive rehabilitation.
Head Injuries and Traumatic Brain Injuries (TBI): When someone strikes their head during a fall, they may suffer concussions, skull fractures, or traumatic brain injuries. TBIs can cause cognitive impairment, memory loss, personality changes, and long-term disability.
Spinal Cord Injuries: Severe accidents can damage the spinal cord. This potentially results in partial or complete paralysis. These catastrophic injuries often require lifetime medical care and assistance with daily activities.
Soft Tissue Injuries: Sprains, strains, torn ligaments, and muscle damage may seem minor initially. However, they can cause chronic pain and limited mobility. These injuries often require physical therapy. They may prevent victims from returning to their previous employment.
Back and Neck Injuries: Herniated discs, vertebrae fractures, and whiplash can cause severe pain. They may require surgery. Chronic back and neck problems can significantly impact quality of life and earning capacity.
Lacerations and Scarring: Sharp objects, broken glass, or rough surfaces can cause deep cuts requiring stitches or surgery. Facial scarring may necessitate reconstructive procedures. It can also cause emotional distress.
Burn Injuries: Exposure to hot surfaces, chemicals, or electrical hazards can cause severe burn injuries. These may require skin grafts and leave permanent scarring.
Wrongful Death: In the most tragic cases, premises liability accidents result in fatal injuries. Surviving family members may pursue wrongful death claims to recover compensation for their loss.
The full extent of your injuries may not be immediately apparent. Some conditions, particularly brain injuries and soft tissue damage, may take days or weeks to manifest symptoms. This makes prompt medical evaluation essential, even if you initially feel fine after an accident.
Successfully pursuing a premises liability claim in Brooklyn requires proving that the property owner’s negligence caused your injuries. Our attorneys gather thorough evidence to establish four essential legal elements:
Duty of Care: We must demonstrate that the property owner owed you a duty of care. This typically exists when you were lawfully on the property as an invitee or licensee.
Breach of Duty: We must show that the property owner breached their duty by failing to maintain safe conditions or warn of hazards. This might involve proving they knew about a dangerous condition and did nothing to fix it. It may also mean the hazard existed long enough that reasonable inspection would have discovered it.
Causation: We must establish a direct link between the property owner’s negligence and your injuries. This means proving that the hazardous condition actually caused your accident and resulting harm.
Damages: We must document the actual damages you suffered. These include medical expenses, lost income, pain and suffering, and other losses.
Evidence collection is important to building a strong premises liability case. Our legal team works quickly to gather:
New York follows a “pure comparative negligence” rule according to New York Civil Practice Law and Rules. This means you can still recover compensation even if you were partially at fault for your accident. However, your recovery will be reduced by your percentage of fault.
For example, if you’re found 20% responsible for your accident, your compensation will be reduced by 20%.
Property owners and their insurance companies often try to shift blame to injured victims. They claim victims should have seen the hazard or were distracted. Our attorneys anticipate these defense strategies. We build cases that clearly establish the property owner’s responsibility.
Victims of premises liability accidents in Brooklyn may recover various types of compensation. This depends on the severity of their injuries and the impact on their lives. Our attorneys work to maximize recovery in every case we handle.
You can recover compensation for all reasonable and necessary medical treatment related to your injuries, including:
When injuries prevent you from working, you can recover compensation for:
New York law allows recovery for the physical pain and emotional distress caused by your injuries. This includes compensation for:
Spouses of seriously injured victims may recover compensation for the loss of companionship, affection, and intimacy resulting from the injuries.
When premises liability accidents result in death, surviving family members may recover:
In rare cases involving particularly reckless or intentional conduct, courts may award punitive damages. These are designed to punish the defendant and deter similar behavior.
The value of your premises liability case depends on multiple factors. These include the severity of your injuries, the clarity of the property owner’s liability, available insurance coverage, and the impact on your life and livelihood. Parker Waichman LLP has recovered over $2 billion for injury victims. Our attorneys understand how to accurately value claims and negotiate for maximum compensation. View our verdicts and settlements to learn more about our track record.
New York law imposes strict deadlines for filing premises liability lawsuits. Generally, you have three years from the date of your injury to file a lawsuit against the property owner according to CPLR § 214. If you miss this deadline, you will likely lose your right to pursue compensation. This applies regardless of how strong your case may be.
However, several important exceptions and special rules apply:
Claims Against Government Entities: If your accident occurred on property owned by New York City, New York State, or another government entity, you must file a Notice of Claim within 90 days of the accident. This is a much shorter deadline than the standard three-year statute of limitations. Missing it can bar your claim entirely.
Minors: When a child under 18 suffers injuries in a premises liability accident, the three-year statute of limitations generally doesn’t begin until they turn 18. This gives them until age 21 to file a lawsuit.
Discovery Rule: In some cases involving toxic exposure or latent injuries, the statute of limitations may begin when you discover your injury. This differs from when the exposure occurred. It applies when you reasonably should have discovered your injury.
Wrongful Death: Wrongful death claims must be filed within two years of the date of death, not the date of the accident that caused the death.
Even though you may have up to three years to file a lawsuit, waiting to take action can harm your case in several ways:
For these reasons, we strongly encourage accident victims to contact our Brooklyn premises liability lawyers as soon as possible after an injury. Early involvement allows us to preserve important evidence and build the strongest possible case.
Here are some frequently asked questions about Brooklyn premises liability cases.
Your actions immediately following a premises liability accident can significantly impact your ability to recover compensation. First, seek medical attention right away, even if your injuries seem minor. Some serious conditions don’t show symptoms immediately. Prompt medical evaluation creates documentation linking your injuries to the accident.
Report the incident to the property owner, manager, or staff. Request that they document it in an incident report. Ask for a copy of this report for your records.
If possible, take photographs or videos of the hazardous condition that caused your accident. Also, photograph the surrounding area. Get contact information from anyone who witnessed your accident. Their testimony may prove important later.
Preserve any physical evidence, such as torn or damaged clothing and the shoes you were wearing. Avoid making detailed statements to insurance adjusters before consulting with an attorney. They may use your words against you.
Finally, contact an experienced Brooklyn premises liability lawyer as soon as possible. This protects your rights and begins building your case.
New York’s statute of limitations for premises liability cases is generally three years from the date of your injury. However, if your accident occurred on government property, you must file a Notice of Claim within 90 days. Missing these deadlines typically means losing your right to pursue compensation. This applies regardless of how strong your case may be.
Don’t wait until the deadline approaches to take action. Evidence disappears and witnesses become harder to locate. Your own memory of events may fade. Early involvement of an attorney allows for thorough investigation and evidence preservation. This significantly strengthens your case.
Yes. New York follows a “pure comparative negligence” rule. This means you can recover compensation even if you were partially responsible for your accident. However, your compensation will be reduced by your percentage of fault.
For example, if a jury determines your total damages are $100,000 but you were 30% at fault for your accident, you would recover $70,000. This differs from some states that bar recovery entirely if you’re more than 50% at fault. Under New York law, you can recover compensation even if you were 99% at fault. However, your recovery would be reduced accordingly.
Property owners and their insurance companies often try to shift blame to injured victims to reduce their liability. Our attorneys anticipate these tactics. We build cases that clearly establish the property owner’s primary responsibility for your injuries.
Premises liability law applies to virtually all types of properties in Brooklyn, including:
The specific duty of care owed varies depending on the property type and your status as a visitor. However, property owners generally must maintain reasonably safe conditions and warn of known hazards.
The value of your premises liability case depends on multiple factors unique to your situation:
Minor injuries requiring limited treatment typically result in smaller settlements. Meanwhile, catastrophic injuries causing permanent disability or requiring ongoing medical care can result in substantial compensation. Cases with clear liability and sympathetic facts generally achieve better results than those with disputed fault.
During your free consultation, our attorneys can provide a more specific assessment based on the details of your case. We’ll review your medical records and evaluate the evidence of liability. Then we’ll give you a realistic expectation of potential compensation.
You don’t necessarily need to prove the property owner had actual knowledge of the hazardous condition. Under New York law, courts can hold property owners liable under the doctrine of “constructive notice.” This means they should have known about the hazard through reasonable inspection and maintenance.
For example, if a spill existed on a grocery store floor for two hours before you slipped on it, the store may face liability. This applies even if no employee actually saw the spill. A reasonable inspection schedule should have discovered and addressed the hazard within that timeframe.
However, if you slip on a spill that occurred just seconds before your accident, the property owner may not face liability. This is because they didn’t have sufficient time to discover and address it. Our attorneys investigate the timeline of events. We gather evidence showing how long the hazardous condition existed before your accident.
The timeline for resolving a premises liability case varies significantly based on several factors:
Some straightforward cases with clear liability and cooperative insurance companies settle within several months. More complex cases may take longer to resolve. This is particularly true for those involving serious injuries or disputed liability. They may take one to two years or longer.
Cases that go to trial typically take longer than those that settle. However, sometimes a trial is necessary to achieve fair compensation. Throughout the process, our attorneys keep you informed of developments. We work efficiently to resolve your case as quickly as possible while maximizing your recovery.
If you suffered injuries on someone else’s property in Brooklyn, time is critical. Evidence disappears, witnesses become harder to locate, and legal deadlines approach. Don’t let the property owner’s insurance company pressure you into accepting an inadequate settlement. They may also try to get you to make statements that could harm your case.
Contact Parker Waichman LLP today for a free, no-obligation consultation with an experienced Brooklyn premises liability lawyer. We’ll evaluate your case and explain your legal rights. Additionally, we’ll outline the steps needed to pursue full compensation for your injuries.
Call us at 800-968-7529 or reach out online to schedule your free consultation. We’re available to answer your questions and begin working on your case immediately.
Remember, you pay nothing unless we win your case. Let our experienced legal team fight for the compensation you deserve while you focus on healing and recovery.
Parker Waichman LLP
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
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4 months ago
Zarahi was very professional and very Quick and very knowledgeable i realy appreciated her patience and perseverance she Deserves 100 stars 🌟 but since i can only send 5 i Guess i will just have to send that truly yours Rashine Downs
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5 years ago
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2 months ago
I’m a 9/11 first responder, and I can honestly say that Parker Waichman made me feel like they had my best interest in my VCF case. Ms Candalino & Ms Viti are top notch in my book. I was constantly informed on the status of my case. I would definitely recommend Parker Waichman LLP to family and friends.
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Parker Waichman LLP
300 Cadman Plaza West
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Brooklyn, NY 11201
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