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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Your submission is confidentially reviewed by Adam Handler – The Case Handler