liability

Building Code Violations And Negligence In Premises Liability Lawsuits

Published on: May 2, 2023 | By Dietrich Law Firm P.C.

Building-Code-scaled Local municipalities, Erie County, and New York State have enacted various building codes and other standards to ensure public safety. These codes regulate the construction, repair, and maintenance of shopping malls, residential properties, and large office buildings. When building code violations and other property owner negligence occur, devastating personal injury accidents are bound to happen. Suppose you, or a loved one, were injured as a guest or visitor on someone else’s property. In that case, you may be entitled to pursue a premises liability lawsuit against the owner or other responsible party.

Common Types Of Code Violations And Negligence

Unfortunately, these violations occur more often than most people would think. While some minor building code violations may not pose substantial safety risks, others can be hazardous. Some of the most dangerous building code violations include:

Evidence In Injury Claims

Published on: April 18, 2023 | By Dietrich Law Firm P.C.

EVIDENCE-scaled Suppose that you were severely injured because of another’s carelessness or recklessness. You may wonder how much evidence you need to win your personal injury lawsuit. Under New York law, plaintiffs in personal injury cases have the burden of proof. In other words, for the defendant to be held legally responsible, you must prove that they were negligent. Considering that insurance adjusters and jury members were not at the accident scene, your lawyer must use evidence to demonstrate your version of events. The outcome of your case will be highly contingent upon the quality of evidence you can provide. The more evidence your attorney has to substantiate the case, the higher your chances are of reaching a reasonable settlement or winning in court.

What Type Of Evidence Will Support My Case?

The first couple of hours and days following your accident are crucial for collecting and preserving evidence. Gathering evidence can seem stressful and daunting, especially if you need help knowing where to begin. Uncollected evidence can easily get lost or destroyed. Therefore, immediately after any accident, try to amass as much evidence as possible. Some common forms of evidence frequently used in personal injury lawsuits include:

The Litigation Process

Published on: April 11, 2023 | By Dietrich Law Firm P.C.

the-litigation-process-scaled After suffering devastating injuries in any type of accident, you are likely feeling helpless and overwhelmed. If another’s carelessness or irresponsibility caused your injuries, you might be eligible to pursue a personal injury lawsuit. The Dietrich Legal Team’s veteran litigators realize that the litigation process may seem both complex and intimidating. Our lawyers believe that by helping you better understand the legal process, we can eliminate most of your stress and uncertainty.

Steps In The Personal Injury Litigation Process

Although no two claims are identical, each lawsuit filed in New York Supreme Court follows the same steps as it advances through the litigation process. The actions that the Dietrich Law Firm P.C.’s highly experienced attorneys will take include:

How Do You Prove A Negligent Supervision Claim?

Published on: March 28, 2023 | By Dietrich Law Firm P.C.

Negligent-Supervision-scaled Employers are typically in charge of overseeing employees and other staff members. Employers have a legal duty to the public to supervise their workers sufficiently. When an employer fails to exercise appropriate supervision, that business can be held liable through a negligent supervision claim. An accident victim may be entitled to pursue a lawsuit against the company of an employee who caused their injuries. Consequently, multiple parties are often held legally responsible in accidents involving careless workers.

Negligent supervision is a concept derived from the doctrine of vicarious liability, which holds an employer responsible for an employee’s actions during the scope of their employment. However, negligent supervision claims are often used to sue businesses when an employee’s negligence is outside the scope of their employment. These claims are filed directly against employers for their irresponsible actions or inactions. Therefore, when justice cannot be obtained under the legal theory of vicarious liability, our litigators may be able to pursue a negligent supervision claim to hold the employer accountable.

The Legal Elements Of Negligent Supervision

Household Guest Injuries Compensable Under Homeowner Policies

Published on: March 21, 2023 | By Dietrich Law Firm P.C.

homeowner-ins-blog-scaled Each year, over 10 million victims are treated in emergency departments nationwide for home-related injuries. Fortunately, almost every homeowner carries insurance, and many tenants maintain renter policies. This type of insurance shields residential property owners against personal liability when someone else suffers bodily harm or property damage in an accident caused by the homeowner’s negligence. While homeowner’s insurance is typically regarded as protection against property damage, these policies also provide crucial liability coverage for guests’ injuries.

Are Accidents In Homes Covered By Insurance?

All land owners, including homeowners, are legally obligated to maintain their property reasonably safe for guests. When property owners expose visitors to unnecessary risks by failing to remedy safety concerns or neglecting to warn guests about known dangers, they can be held responsible for any adverse consequences suffered. Victims of household-related injuries are responsible for more than 6 million insurance claims annually. Coverage for bodily injury could compensate an injured person for their medical expenses if their injuries were caused by the owner, other household residents, or even their pets. Additionally, if a guest’s property is damaged, the homeowner’s policy could pay for its repair or replacement.

What Is Vicarious Liability?

Published on: January 11, 2022 | By Dietrich Law Firm P.C.

VICARIOUS-LIABILITY-300x225 The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.

Personal Injury Cases That May Involve Vicarious Liability

A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include: