BROOKLYN, NY - Property owners throughout New York face legal responsibility when hazardous conditions on their premises cause injuries to visitors. Brooklyn slip and fall attorney Samantha Kucher of Kucher Law Group (https://www.rrklawgroup.com/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/) is providing guidance on the evidence required to establish negligence and recover compensation in premises liability cases.
According to Brooklyn slip and fall attorney Samantha Kucher, proving fault requires demonstrating four distinct legal elements under New York law. Injured individuals must show that the property owner owed a duty of care, breached that duty, directly caused the injuries through that breach, and that measurable damages resulted. "Property owners have a legal obligation to maintain safe conditions for lawful visitors," explains Kucher. "Establishing that they knew about a hazard or should have discovered it in time to fix the problem is central to these cases."
Brooklyn slip and fall attorney Samantha Kucher notes that comparative fault significantly impacts recovery in New York premises liability cases. Under Civil Practice Law and Rules Section 1411, injured parties can still recover damages even when partially responsible for their own injuries. The plaintiff's percentage of fault reduces compensation, but recovery remains possible even at ninety-nine percent responsibility.
Attorney Kucher emphasizes that documentation immediately following a fall is critical to the success of a claim. Photographing the hazard from multiple angles, collecting witness contact information, and reporting the incident to property management creates an evident record. "Insurance companies look for any reason to reduce liability," she adds. "Delaying medical treatment or providing recorded statements without legal advice can severely damage a claim."
The firm handles cases throughout Kings County, including injuries at commercial properties in Williamsburg, apartment buildings in Park Slope, and public sidewalks in Flatbush and Sunset Park. Kucher works to secure surveillance footage, maintenance records, and witness statements that support claims against property owners and insurance companies.
Strict filing deadlines apply depending on property ownership. Samantha Kucher advises that claims against private property owners must be filed within three years of the date of the fall. Claims against government entities require serving a Notice of Claim within ninety days, with lawsuits commenced within one year and ninety days. "Missing these deadlines eliminates your ability to recover compensation entirely," she notes. "Courts treat these time limits as firm cutoffs with very few exceptions."
Medical records from facilities such as Kings County Hospital Center or Maimonides Medical Center provide documented timelines linking falls to injuries. The team at Kucher Law Group calculates the full value of claims, including future medical expenses, lost earning capacity, and pain and suffering. For those facing denied claims or disputed liability, contacting an experienced premises liability attorney may help secure fair compensation.
About Kucher Law Group:
Kucher Law Group is a Brooklyn-based law firm dedicated to representing injured individuals throughout Kings County and New York City. Led by attorney Samantha Kucher, the firm focuses on premises liability cases, including slip-and-fall accidents at commercial properties, residential buildings, and municipal sidewalks. For consultations, call (929) 563-6780.
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Email: contact@rrklawgroup.com
Website: https://www.rrklawgroup.com/
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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
Email: Send Email
Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
Country: United States
Website: https://www.rrklawgroup.com/
