Property Liability Law and Other Civil Cases
Property Liability Law and Other Civil Cases
At Foulke Law Firm, in Goshen, New York, Atty. Evan M. Foulke works closely with victims of injuries suffered as a result of the failure to maintain real property, including:
Business owners not maintaining or repairing business properties are liable for personal injuries arising from such negligence. In such cases, you need to contact a skilled attorney to protect your legal rights and help you recover from your losses.
Take Legal Action
Inadequate security and insufficient lighting are also grounds for legal action requiring the advocacy of a smart, experienced, and diligent lawyer who will work tirelessly on your behalf when filing property liability cases against establishments, including:
Slip-and-Fall Accidents
A slip-and-fall accident is much more than a minor incident to a victim who requires hospitalization and is unable to work. Common accident scenarios include the following:
Victims may face daunting expenses and losses including emergency room bills, medical treatment and therapy, time off work, and extensive rehabilitation.
Know that we handle these cases on a contingency fee basis. Attorney’s fees are not due until and unless compensation is recovered.
The sooner you call in a lawyer, the greater possibility there will be for the injured person to receive appropriate compensation. It is very important to get accurate photographs and eyewitness statements before conditions are changed.
It becomes difficult to reconstruct the precise conditions that led to the accident once conditions have changed.
Your case will be individually assigned to an experienced trial lawyer who will be responsible for all aspects of your case and will communicate directly with you regarding your case.
Your case will not be farmed out to various associates with little experience and who are not held accountable.
Premises Liability Lawsuits
We also advocate for people who are injured as a result of criminal activity when inadequate security, insufficient lighting, or other property conditions create an atmosphere where simple assault, sexual assault, robbery, or kidnapping can occur.
We aggressively advocate to protect your interests and help you recover full and fair compensation. The Foulke Law Firm represents all premises liability clients on a contingency basis.
If no monetary award is recovered, you won’t be charged attorneys’ fees.
Public or Private Property
If you have been injured while on the premises of a retail establishment or business, you may have a right to compensation for physical or financial losses resulting from your injury.
A sidewalk in disrepair can cause a tripping accident with dire physical repercussions if the injury severely impacts the head, back, hip, or other parts of the body. This can also affect livelihood prospects and the quality of life.
An experienced personal injury attorney can help you get the money you need to cover the costs you have incurred for medical bills, lost wages/income, as well as rehabilitation and long-term care expenses.
The same applies if you suffer from any physical injury, disability, or disfigurement due to someone else’s negligence. Our lawyers have extensive experience working with and litigating some of the largest law firms in the region.
In our practice, we focus on accessibility and personally communicate with all clients while handling all aspects of each case. We handle all types of claims involving general negligence, including:
Dog Bite Liabilities
Be informed that there is a big difference between dog bite liabilities in New York and those in New Jersey. If the incident occurs in New York and results in significant injury to warrant legal action, there are several possible factors affecting the case’s outcome.
If proven that the dog’s owner did not know about the dog’s tendency to bite, New York’s “one free bite” rule applies and the owner will not be held liable for injuries. However, there are exceptions to this rule which can reverse this decision.
New Jersey, on the other hand, is a “strict liability” state where the dog’s owner will be held responsible for injuries regardless of his knowledge of his dog’s tendencies to bite.
It is important to do two things immediately after a dog bite in either state.
Report Your Incident
Since you may not know the full impact of the injury right away, you should report the dog bite incident to the local authorities, which may be the police or the dog warden for your location.
If anyone contacts you as a result of your report, you should not discuss the incident until you do the next urgent thing.
Call a Good Lawyer
If your dog bite injury is serious, call an experienced dog bite lawyer. For over 30 years, Evan M. Foulke, Esq. has gained invaluable knowledge from his numerous successful dog bite cases in both states.
Because of strict time limits in both states to which any legal case about a dog bite incident must conform, you should consult with a lawyer right away.
Possible Exceptions to the "One Free Bite" Rule in New York
Possible Exceptions to the "One Free Bite" Rule in New York
If the owner of the dog which has bitten someone in New York had knowledge of the dog’s inclination to bite from history and should have known based on the dog’s breed*, the "one free bite" rule may not be applicable.
*While a dog’s breed may be indicative of a propensity to bite based on years of functioning to accomplish specific tasks, such as herding, hunting, guarding, etc., it is the responsibility of the dog’s owner to guide his dog’s behavior.
In cases where a dog bite is viewed as an unprovoked attack, the owner is usually held liable for damages, which could include destruction to property as well as injury or death of a "companion" or farm animal.
In some instances, the dog is ultimately labeled as "dangerous." This may result in several subsequent penalties such as muzzling, strict confinement, warning signage, and in extreme cases, euthanasia.
Dog Breeds That Most Often Bite
In a 2019 study performed by the International Journal of Pediatric Otorhinolaryngology which examines data about facial and neck-related dog bites in children, breeds that bit the most often with the most severe injuries were scientifically calculated.
These are:
Although the study’s first breed in order of frequency and severity was "unknown," that finding was later translated to breeds with short, wide heads, and a body weight between 60 and 100 pounds, which tends to describe the pit bull.
Also, it was found that breeds that were not spayed or neutered were more likely to bite.
While up to 30 different breeds were identified as prone to biting, according to studies done in many areas of this country, there are additional factors that may provoke any dog to bite.
This could convince a judge to excuse the dog’s behavior in some cases. Such reasons include:
Although some breeds have certain aggressive or protective traits from centuries of reinforcement as guard dogs/hunting dogs, the owner has the onus of controlling its behavior to be acceptable within today’s social environment.
This is regardless of the dog’s genetic or historical background.
A Dog Bite’s Impact
According to the American Animal Hospital Association, of the approximately five million victims of dog bites nationally, most are children bitten by a family pet. Of those incidents, less than 20% result in serious injury.
Such injuries can include:
Other ways a dog bite can affect your life, include:
If you, a member of your family, or an animal you own has been attacked, bitten, threatened, or killed by a dog, discuss your incident with a very reliable lawyer. Mr. Foulke is also highly knowledgeable about and experienced in wrongful death suits.
His $5.599 million wrongful death trial verdict was a landmark case, the largest in New York State history. He skillfully combats typical responses from insurance companies avoiding financial responsibilities.
Learn Your Legal Rights
We handle dog bite cases on a contingency basis. This means that you do not pay for legal services until your case collects compensation from anyone proven negligent.