General Negligence Attorneys in New York
Leav & Steinberg LLP handles negligence cases by establishing clear evidence of duty, breach, causation, and damages. Negligent acts can lead to physical or economic harm. The firm litigates or negotiates settlements that deliver justice to victims across New York courts.
Since 1999, Leav & Steinberg LLP has represented a number of clients involved in general negligence incidents. We are proud to serve residents in New York City and the surrounding areas, including Queens, Manhattan, and Brooklyn. If you’ve suffered a personal injury due to someone else’s negligent care, our lawyers will work to get you the verdict and settlement your case deserves.
New York General Negligence Lawyers
Negligence is much more than a simple act of carelessness. Rather, negligence is a duty of care 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 in New York 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 injury 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 lessons, 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 liability waivers. 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, our injury attorneys will conduct an investigation to determine the legitimacy of your general negligence 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 can 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 the statute of limitations has passed, you won’t have the legal authority to sue.
Why Choose Leav & Steinberg LLP for Your General Negligence Case?
At Leav & Steinberg LLP, our New York general negligence lawyers have experience handling a range of cases, from motor vehicle accidents to wrongful death. When you choose us to represent your case, you’re backed by a personable and professional legal team, including a lawyer and paralegal, dedicated to your justice.
We provide cell phone numbers to ensure 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 also enables us to digitally download documents so that clients can access the information long after the case concludes.
Start Your Negligence Claim Today
Over the years, our law firm has successfully litigated for several clients in general negligence cases, including those who have participated in recreational activities. 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 signed lawsuit waiver was invalid under New York law, and our client was granted due justice.
In addition to general negligence, we have also helped clients with personal injury law cases of negligence of an organization, school, or nursing home.
Whether you’re battling lost wages or a severe injury, you deserve compensation for suffering at someone else’s expense. If you believe you have a general negligence case, contact the New York attorneys at Leav & Steinberg as soon as possible to request your free consultation. We can be reached by phone at 917-983-7818 or through our online contact form.
When negligence causes you harm, our attorneys in Manhattan and the Bronx are ready to take action on your behalf. Request a consultation today to explore your legal options.
General Negligence Attorney FAQs
What is required to prove negligence in New York?
Negligence in New York is proven when four elements are established: duty of care, breach of that duty, causation, and damages.
The plaintiff must show that the defendant owed a responsibility to act reasonably, failed to meet that standard, directly caused harm, and created measurable losses. Evidence may include photos, witness testimony, medical reports, and expert opinions.
What type of lawyer do I need to sue for negligence?
A negligence lawsuit is typically handled by a personal injury attorney who focuses on establishing liability and securing compensation.
At Leav & Steinberg LLP, our lawyers litigate negligence cases across New York City courts, from slip-and-fall accidents to negligent supervision claims.
How to sue for general negligence?
A negligence case is initiated when your attorney files a complaint within the statute of limitations, usually three years in New York.
The process involves investigating liability, preserving evidence, and proving damages. Municipal cases often require a notice of claim within 90 days, making prompt legal guidance critical.
How to win a negligence suit?
Winning a negligence case requires that the plaintiff’s team prove each element of duty, breach, causation, and damages with strong evidence.
Success often comes from detailed medical records, accident reconstruction, and expert testimony that tie the negligent act directly to the injury.
Can you get damages for negligence?
Damages in negligence cases may include medical expenses, lost wages, property damage, and pain and suffering. In rare cases, punitive damages may also be awarded if the defendant’s conduct was reckless or willful.
What is general negligence?
General negligence is defined as a failure to exercise reasonable care that results in foreseeable harm. Common examples include unsafe property conditions, negligent hiring, and careless driving.
Can you sue for negligence without injury?
A negligence lawsuit requires that actual harm or damages be present. Without physical injury, property damage, or economic loss, there is no basis for compensation under New York law.
How to sue someone for negligence?
Suing for negligence involves filing a legal complaint against the responsible party. The claim must outline the negligent act, the injuries caused, and the damages sought. Your attorney will guide you through filing, discovery, and possible settlement or trial.
What does negligence need to prove?
Negligence proof needs to establish four elements: duty, breach, causation, and damages. Without all four, the case cannot succeed in court.
What are the 4 elements of negligence?
The four elements of negligence are duty, breach, causation, and damages that together form the basis of liability. Each must be clearly shown with supporting evidence.
What is common law negligence in NY?
Common law negligence in New York is recognized as failing to act as a reasonably prudent person under similar circumstances. Courts evaluate whether a defendant’s actions, or inactions, created a foreseeable risk that led to harm.