Every year thousands of people are injured or suffer a loss on private and public property. Sometimes the injury or harm is caused by the injured person’s negligence, dangerous conduct, or accident. Other times the injuries sustained are due to the property owner’s negligence or lack of care.
What is Premises Liability?
Premises liability is a duty of care that each property owner has to ensure that their property and perimeter be free of apparent or potentially hazardous conditions. Property owners are responsible for creating a safe environment for anyone who legally enters or occupies the property. When a property owner is negligent or fails to address safety issues on the property, and someone is injured or suffers harm, the property owner can be liable for damages. Property owners have a legal duty to maintain a safe environment for their visitors, guests, or patrons.
How Does Premises Liability Affect Everyone?
Virtually every State has enacted premises liability laws to protect and compensate its citizens from injuries suffered due to the property owner’s negligence or lack of care.
Do I Have a Premises Liability Case?
If you or a loved one has suffered an injury or loss on public or private property you must consult with an experienced attorney as soon as possible to determine if you have a viable premises liability case.
There are three primary factors to consider when determining if you have grounds to file an action against a property owner for premises liability.
1. In most cases, an injured party must show that they were on the property legally. In other words, they must show that they were invited onto the property, or were there for a lawful and legitimate purpose.
2. The injured party must also show that the property owner was negligent in making necessary repairs to remedy any unsafe conditions on the property.
3. An injured party must also show that causation and owner liability rests on the property owner’s direct negligence or lack of care to ensure that the property was safe.
In order to be successful in a premises liability action, it is important that you consult with an attorney familiar with investigating these types of legal actions. Evidence of the injury or loss must be established and documented.
What are Common Premises Liability Claims?
Slip and fall accidents, poor security, lack of maintenance, poor lighting, construction accidents, and dog bites, are among some of the most common premises liability claims.
How can a New York Premises Liability Lawyer Help?
1. If your case lacks evidence needed to show that it was the property owner’s negligence that caused the injury, your premises liability lawyer can undertake the discovery process obligating the property owner to turn over documents and things that will assist in proving your case.
2. Lawyers will deal with the property owner’s insurance company to negotiate a settlement or obtain what they need to prevail in court.
3. Lawyers will deal with the property owner’s insurance company to negotiate a settlement or obtain what they need to prevail in court.
4. In many cases, property owners will repair the conditions on the property that led to the injury immediately after the incident in an effort to hide culpability. An attorney and their team will obtain the necessary documents and information to preserve evidence that supports your claim.
There are certain Statutes of Limitations that can significantly affect your ability to bring a successful claim for premises liability making it more important that you consult with a premises liability lawyer promptly after the accident.