Nobody expects to be sitting on their couch one moment and the next having the ceiling ripped open above them. Resulting in wood, debris, and plaster striking their head and face and causing significant and debilitating injuries. Even though these situations may seem very unlikely, they do happen and often result in horrific accidents, extensive long-term care, and skyrocketing medical bills. What is worse is that these victims often have no idea what steps they need to take next following a ceiling collapse accident or who they can contact to get the help they need.
Fortunately, you do not have to endure this challenging ordeal on your own. The law firm of Chaikin LaPenna, PLLC, is here and ready to provide you the legal assistance you require and go after the damages and justice you deserve.
Types of Injuries That Can Result From a Ceiling Collapse Accident
Even though a ceiling collapse accident can result in numerous injuries, ranging in type and severity. The most common types of injuries that occur include:
- Head and Neck Injuries
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Broken or Fractured Bones
- Nerve Damage
- Soft Tissue Injuries
- Back injuries
- Deep Lacerations
It is also important to note that these injuries can often lead to severe and life-long debilitating harm or result in a tragic loss of life.
Figuring Out Liability in a New York Ceiling Collapse Accident
Following a New York ceiling collapse, numerous parties can be held liable for this accident. However, those that are most likely to be found accountable include:
- The building owner
- The management company responsible for taking care of the building
- The construction company that built the building or a contractor who did repairs on the ceiling
- The product manufacturer who created the faulty products leading to the ceiling collapse, such as the sheetrock, drywall screws, or the ceiling joists. In these instances, a victim would need to bring a products liability claim against the product manufacturer to go after damages
When you work with a knowledgeable personal injury attorney, these lawyers can investigate what happened, figure out which parties were responsible for the harm you endured, and go after them for maximum damages.
Proving Premises Liability
Before you can hold a party accountable for the harm you endured from a ceiling collapse and collect compensation for your damages. Your premises liability claim needs to prove the following elements:
- The property owner owed you a duty of care
- The property owner breached this duty of care
- This breach was a substantial factor or a proximate cause of your injuries and damages.
You will also need to show that the property owner had actual notice or constructive notice of the dangerous condition that led to the ceiling collapse. Typically, constructive notice is when a property owner should have known about a dangerous condition on the property if they used reasonable care. For instance, when there is a ceiling collapse, it may not always be possible for a property owner to have actual notice that there was something wrong with the ceiling. Yet, if there were bulging spots on the ceiling before it collapsed. This may indicate that there were signs of this condition, and they had been there for a while. Consequently, providing you the proof you need to show that the property owner had constructive notice of the dangerous condition.
Actions To Take Following a Ceiling Collapse Accident
Following a ceiling collapse accident, the situation can be extremely overwhelming and upsetting. However, the actions you take following this accident will not only protect your safety but your legal rights as well. That is why if you are ever involved in a ceiling collapse accident, you need to make sure to do the following:
- Call 911: If you feel any pain after the accident, you need to contact 911. The EMS can get you to the hospital to get the care you need, while the police can start investigating the accident scene and writing down their findings in their police report. This report can provide you with valuable evidence if you decide to pursue a claim.
- Collect Evidence: If possible, try to take as many pictures or videos of the accident scene. Get photos of your visible injuries, the ceiling immediately after it collapsed, and the damage that it caused. Make sure you also preserve a piece of the concrete or the ceiling that fell. In addition, if at any point you made any complaints about a cracked ceiling or a leak before it collapsed, make sure you find proof of these communications. This can include emails, letters, or even dates of when you complained over the phone.
- Contact an Experienced New York Personal Injury Attorney: Speaking with an experienced New York personal injury attorney following your ceiling collapse accident can ensure you get the legal help you need while these lawyers go after maximum damages on your behalf.
Fight For the Justice You Deserve- Contact Chaikin LaPenna, PLLC Today
Ceiling collapse accidents can happen anywhere- your apartment, house, work, school, or even in a public place. As a result, you can be entitled to compensation for the harm and damages you endured because of this accident. However, to get a fair and just settlement for your injuries, you need an experienced personal injury attorney fighting on your side. These lawyers have the knowledge and skills to get you the legal help you need following this devastating accident, including:
- Investigating the accident thoroughly and gathering critical evidence that can substantiate your claims
- Ensuring that all legal documents and motions are filed accurately and on time
- Handling all the negotiations with the defense and the insurance company, making sure to go after compensation fair to you
- Taking your case to trial and fighting for maximum damages
If you or a loved one has been injured in a New York ceiling collapse accident, do not wait any longer. Contact the law offices of Chaikin LaPenna, PLLC as soon as possible and let our attorneys fight for you and your rights.
No Fees Until We Win.
Please call us at (212) 977-2020 or fill out the form below to get started.