General Negligence Attorneys Serving the New York City Area
Since 1999, Leav & Steinberg LLP has represented a number of clients who have been involved in general negligence incidents. We are proud to serve residents in New York City and the surrounding areas, including Queens, Manhattan, and Brooklyn.
New York General Negligence Lawyers
Negligence is much more than a simple act of carelessness. Rather, negligence is conduct that falls short of what a reasonable person would do to protect another from foreseeable risks of harm. Because defendants will often try to push for a motion to dismiss or a motion for summary judgment, our general negligence attorneys work diligently to counter these arguments and prove the legitimacy of our clients’ cases.
There are several types of damages you can receive as a result of your case, including quantifiable losses that can be proven with receipts and invoices, general damages such as pain and suffering, and, while less frequent, punitive damages that are for the purpose of punishing the wrongdoer.
Common negligence cases may include any of the following:
- Negligent hiring and retention of employees
- Negligent infliction of emotional distress
- Car collisions
- Inadequate supervision
- Slip and falls due to failure to clear snow and ice
- Falls due to broken sidewalks
Another type of negligence case may stem from recreational activities. It is common practice for people to sign up for karate classes, horseback riding, or gym classes and assume that they are entitled to the same protection under the law. However, the New York legislature made General Obligations Law section 5-326 (Release for Instructional Activity), which permits an entity that runs programs of these types to ask participants to waive their right to sue.
In fact, almost all of the forms that we consumers are provided and have to sign in order to participate have this waiver language in fine print at the bottom. As the law in this area has evolved, the courts have determined that only instructional activities shall be permitted to be included in these waivers of liability. The courts have held in many cases that, if the activity in question is recreational, then the release or form that the participant signs is invalid and goes against public policy.
Do You Have a Case?
Before moving forward, we will conduct an investigation to determine the legitimacy of your case. This may include an hour-long analysis of your case details, as well as a visit to the hospital or rehab facility where you are receiving treatment. Building a strong body of evidence will also help to establish your case. This can include everything from photos of your injuries to surveillance footage and witness testimonies.
In some instances, there is only a certain amount of time when you are able to file a claim, so it’s important that you seek our assistance as soon as possible. Generally, New York State requires that lawsuits for general negligence start within three years of the incident. Once a certain amount of time has passed, you won’t have the legal authority to sue.
Why Choose Leav & Steinberg for Your General Liability Case?
You will have a personable and professional legal team, including a lawyer and paralegal, dedicated to your case. We provide cell phone numbers to ensure that we are as responsive as possible. For your convenience, particularly if your injuries limit your mobility, we can also meet at your home for your consultation.
We have a unique case management system that allows us to store important client and case information. The program even allows us to digitally download documents so that clients have access to the information long after the case concludes.
Over the years, we have successfully litigated for several clients in general negligence cases, including those who have participated in recreational activities, as mentioned above. In the case of Fusco v. Now & Zen, our attorneys were able to prove that our client was participating in karate and judo as recreation, not instruction. Therefore, the lawsuit waiver that was signed was invalid.
In addition to general negligence, we have also helped clients with cases of nursing home negligence and negligence of an organization. Contact Leav & Steinberg as soon as possible to request a free consultation. We can be reached by phone at 212-766-5222 or through our online contact form.