Premises liability is a legal theory under which property owners or occupiers are responsible for accidents occurring on their premises. A wide range of injuries can give rise to premises liability claims, but the fact that you sustained an injury on someone else’s property does not automatically mean you have a case. To recover compensation, you must prove certain elements.
Property owners and occupiers can be held legally accountable for failing to provide a safe environment for visitors, customers, or tenants when that failure results in injury. To recover compensation in a premises liability lawsuit, you must establish the following elements of your claim:
In the past, visitors to a property were classified in one of three ways in New York:
A property owner’s duty to maintain safe conditions on a premises in New York is now measured by the foreseeability of a visitor on the property, regardless of the visitor’s status. However, a person who was injured while trespassing may have difficulty recovering damages unless he or she can prove that the owner placed hazards maliciously with the intent to harm trespassers.
Various types of accidents can give rise to premises liability claims. Common examples include:
Premises liability claims depend heavily on the circumstances surrounding the accident, and not every person injured on another’s property is eligible to receive compensation. To prevail in court, you must demonstrate that the property owner was negligent. You must show that the property owner knew, or should have known, about the safety hazard that caused your injuries and failed to correct it or adequately warn visitors about it. In many cases, when property owners learn that an injury occurred, they will immediately perform repairs to eliminate evidence and to prevent future injuries.
If you have been seriously injured, your best course of action is to speak with a New York personal injury attorney as soon as possible, so your accident can be investigated, and the evidence to support your claim can be collected and preserved. Call The Case Handler team at Pollack, Pollack, Isaac & DeCicco, LLP at 929-223-4195 for a dedicated legal advocate in your premises liability claim.
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Helping Injured Victims in New York and New Jersey Since 2004
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Since 2004, I have been obtaining justice for accident victims by making sure they receive full compensation for their injury, medical bills and loss of income. To date, the total recovery for my clients has been over $100 million dollars. The law provides for a one-time recovery in personal injury actions making your choice of personal…
I have been fighting for the rights of victims since 2008, whether it be for the rights of those injured in accidents, those injured in workplace accidents, or crime victims. I believe that the best resolutions come from attorneys that are invested in their clients – and that is the type of relationship that The…
Biography CONRAD E. POLLACK is the Managing Partner and head of the immigration department at Pollack, Pollack, Isaac & DeCicco, LLP. In 1981, Mr. Pollack graduated Magna Cum Laude from New York University, receiving the NYU Founders' Day Award for academic excellence. He also graduated Phi Beta Kappa (the nation's most prestigious and selective academic society).…
Biography NELSON A. MADRID is a partner with the law firm of Pollack, Pollack, Isaac & DeCicco, LLP. Mr. Madrid has extensive experience representing clients before the Executive Office for Immigration Review (Immigration Courts), the Board of Immigration Appeals, and the United States Citizenship and Immigration Services. Mr. Madrid is admitted and a member of:…
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