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Premises Liability

When a building is not maintained, people can get seriously hurt from falls, falling objects, lead poisoning, elevator accidents, and other accidents. Although such cases may appear simple, litigating premises cases is fraught with pitfalls for the unwary. There are many state and local building codes, rules and regulations which may be applicable to a given case. Sometimes, regulations in effect today are not applicable to a building constructed decades ago. In those cases, we research older versions of the building codes to determine what requirements apply. Also, there may be someone or some company other than the party occupying the property that may be liable depending on provisions of leases, contracts or deeds of sale.

Once a CGM client who was working late one evening fell down stairs in a building and was seriously injured when some pranksters gained entry to the electrical closet and shut off the main electrical power to the building, thrusting the premises into darkness. CGM attorneys sifted through all of the various regulations and found an obscure rule that required that electrical closet doors be locked. CGM obtained a substantial award from a jury based upon the violation of this regulation.

We have the experience and understanding to recognize nuances in the facts that may have a bearing on the outcome of a case, and the perseverance to wade through the morass of Federal, State and local regulations in search of those that apply.

Please contact us online or call us at 914.946.8900 for your free initial consultation.

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Read Henry Miller’s new article on why the statute of limitations is unfair Posted with permission of Trial (September 2011) Copyright American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®)