Rochester, New York, Protruding Object Fall Accident Injury Lawyers

Jed Dietrich, Esq., is Recognized as a Best Lawyer of America Who Has Spent His Entire Career Standing Up for The Victims of Negligence. The Dietrich Law Firm, P.C., Could Help You Secure the Compensation You Need to Move Past a Painful Protruding Object Accident Injury.

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We all know that everyday life has inherent risks. However, when we go to work, visit the grocery store, or take a walk in one of Rochester’s many beautiful parks, we expect that property owners have already made a reasonable effort to ensure their premises are free from protruding objects and other unexpected hazards. In fact, New York law requires that landowners proactively amend and mitigate potentially dangerous conditions. When property owners fail to take this legal obligation seriously, accidents can and often do happen.

If a visitor trips over a protruding object, they could fall and sustain serious injuries. Even minor injuries could force an accident victim to take time away from work, depriving them of income and stripping them of their ability to provide for themselves and their families. If the fall is severe, the victim may require hospitalization and expensive, intensive medical treatment.

If you, or a loved one, have been injured after tripping over a protruding object in or around Rochester, you could be entitled to significant compensation through a personal injury lawsuit. However, securing a fair settlement could be difficult. The property owner might hire a defense attorney who could try to persuade the insurance company, a judge, or a jury that it was your reckless misconduct that caused the accident or contributed to your injuries. Without the right representation, you could find yourself fighting an uphill and seemingly unwinnable battle.

Fortunately, Rochester residents do not have to accept injustice. The Dietrich Law Firm P.C. firmly believes that nobody should be forced to pay the price for another person’s negligence. Our experienced team of attorneys is committed to providing the highest level of personal injury service. When we accept a new case, we thoroughly investigate every element of the accident, constructing a compelling, evidence-based argument for recompense. Where other law firms advertise easy solutions, our results speak for themselves: since 2005, we have secured more than $175 million in compensation for our clients, providing them with the resources to begin rebuilding their lives after suffering serious injuries. Please send Jed Dietrich, Esq. a message online to schedule a free consultation or call our veteran attorneys at 585-939-3939 to discuss your case and begin exploring your options for legal relief.

New York Law Expects Landowners To Remedy Protruding Object Risks

New York law requires that property owners keep their premises free from unreasonable hazards. While every city has its own ordinances, the state Property Maintenance Code provides a firm framework for understanding landowners’ legal obligations. According to this code, landlords, corporations, and business owners must maintain:

1. The interior of their property, including lobbies, stairwells, and cafeterias;
2. The exterior of the property, including parking lots, sidewalks, and accessibility ramps; and
3. Any other part of the property that is accessible to the public.

The Property Code mandates that landowners take steps to reduce or remove hazardous conditions that could foreseeably result in an accident or injury. This includes protruding objects such as:

1. Broken tiles;
2. Defective stairs;
3. Flayed or uneven carpets;
4. Damaged railings;
5. Loose stones;
6. Construction debris;
7. Decorative displays;
8. Low-level walkway lights;
9. Untrimmed hedges; and
10. Unsafe landscaping features.

Typically, property owners protect visitors from protruding objects by:

1. Conducting routine maintenance;
2. Responding to any reports of unsafe conditions;
3. Promptly removing or mitigating the danger posed by protruding objects;
4. Setting up warning signs or other notices around hazardous property features; and
5. Informing the public of any dangerous condition that cannot be immediately remedied.

However, not every landowner makes an honest or good-faith effort to protect the public. If a property owner creates or tolerates the presence of a dangerous condition, they could be responsible for the costs of any ensuing accident.

The Dietrich Law Firm P.C. has years of experience standing up for the rights of people who have been injured by inadequate property maintenance. We could help you demonstrate that a property owner or landlord abrogated their legal duty of care to keep their premises safe by allowing an unsafe protruding object to remain in a place where it could be expected to cause injury. Jed Dietrich, Esq., believes that you should never have to bear the burden of an injury that was not your fault. Please call the Dietrich Law Firm P.C. today at 585-939-3939 to schedule your free, no-obligation consultation.

Potential Challenges in Protruding Object Liability Claims

Although New York’s property code sets clear-cut expectations for landlords and business owners, wrongdoers are not always willing to admit that they made a serious and potentially costly mistake. Even if you have a seemingly open-and-shut case, the property owner could try to reduce their liability by claiming that:

1. The Condition Was Open and Obvious: The open and obvious condition defense suggests that just as property owners owe the public a legal duty of care, individuals must also take common-sense measures to avoid obvious dangers. If the landowner believes that a protruding object was “obvious,” they could tell the insurance company or the court that you had ample opportunity to avoid the condition but chose not to.
2. You Assumed the Risk: The assumption of risk defense could be employed if you signed a liability waiver or partook in an activity that could be reasonably expected to culminate in injury. For example, the Monroe County Department of Parks might conduct routine maintenance to ensure that its trails are free from sticks, branches, and other natural debris. However, since the county cannot realistically account for every fallen object, sensible walkers, cyclists, and joggers implicitly assume the risk that they might encounter protruding tree branches and other obstacles when they traverse recreational infrastructures.
3. You Contributed to the Accident: If a victim’s negligence facilitated or otherwise contributed to the accident, the contributory negligence defense could reduce the property owner’s overall liability. For example, if somebody who is walking and texting trips on a broken pavement tile and suffers a concussion, they could bring a claim against the landowner for inadequate property maintenance. However, the landowner could tell the court that the accident could have been prevented if the victim had simply been paying attention to their surroundings. While the property owner may have clearly violated their duty of care, the victim’s own negligence could adversely affect their compensation.

The Dietrich Law Firm P.C. could help you overcome these common defenses by investigating the circumstances of your protruding object accident injury and showing that:

• You were lawfully on the property;
• Your injuries were caused by an unsafe condition;
• The property owner was aware, or should have been aware, of the unsafe condition;
• The property owner failed to remedy the unsafe condition; and
• The property owner’s negligence caused or contributed to your injuries.

While establishing and proving negligence can be time-consuming and present unexpected challenges, the Dietrich Law Firm P.C.’s tenacious team of Rochester personal injury attorneys knows how to stand up to negligent businesses and their insurance companies. However, you cannot wait too long to take legal action: New York has a statute of limitations that will prevent you from filing an insurance claim or personal injury lawsuit if you do not act quickly.

Do not lose out on your recovery: call the Dietrich Law Firm P.C. at 585-939-3939 today.

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Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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