- When a Premises Liability Claim can be filed
- How to prove your Premises Liability Claim
- How to determine liability for injuries sustained on city property or your friend’s and family’s property
What Are The Most Common Types Of Premises Liability Claims?
Premises Liability Claims are for when a person is injured while on somebody else’s property. Some examples are when a person is injured…
- In a store;
- In a parking lot;
- On a sidewalk;
- Or on any premises owned by another party
How Do You Prove Premises Liability? Is It Hard To Prove The Negligence In These Cases?
To prove premises liability claims in New York, there are certain elements that have to be shown:
- Duty of care
- Breach of duty
- Injury was caused by the breach of duty
Let’s discuss these elements more in depth…
Duty of care means that the property owner owes a duty to maintain a safe property for anyone visiting. This is the easiest element to prove when filing a premises liability claim.
You must also show that the property owner has failed to take reasonable steps or measures to maintain the property in a safe condition. This would show their breach of duty. The property owner must have either known that there was some kind of hazard or dangerous condition on the property, or that they have actually caused the dangerous condition which resulted in your injury.
Finally, you must prove that you sustained an injury that was the result of their breach of duty. Your injury must have resulted from the dangerous condition or hazard that existed on the property.
There are some cases where all three elements are obvious and other cases where proving negligence can be more difficult. It will be unique to each premises liability claim, which is why it is important to have an attorney who will be able to navigate the claim with you and assist you in getting the recovery you deserve.
I Sustained Injuries On A City Property. Who Might Be Liable Or What Are The Differences In These Types Of Cases?
The owner of the property on which an injury is sustained would be liable for those injuries, whether the property is owned by a city or a private person.
Complications can arise when pursuing a premises liability claim against a city because the elements of liability are sometimes more difficult to prove. You must establish whether the city knew or should have known of the dangerous condition which resulted in your injury.
For example, if there is a broken sidewalk that the city maintains and someone is injured due to that defective sidewalk, oftentimes the hardest element to prove is whether the city knew or should have known of the defect. Perhaps the sidewalk was recently damaged and the city could not have discovered the defect within a reasonable amount of time to correct it.
Sometimes the city itself damaged the property, which would make proving your claim less difficult. For example, there was a case where the city, in the process of repairing some street lights, damaged a railing on a staircase which resulted in a person sustaining injuries. In this case, because the city itself caused the damage, it allowed us to establish that they should have known of the damage.
I Slipped And Fell And Was Injured On A Friend Or Family Member’s Property. I Really Don’t Want To Sue But I Can’t Afford My Medical Bills. What Should I Do?
If you were injured on a friend or family member’s property, in many cases their property insurance would cover the medical bills. The friend or family member would not personally be responsible to cover your medical expenses in that circumstance. It makes sense to inquire what insurance coverage is available to help you with recovery. An attorney can gather the information about what insurance coverage may be available.
For more information on Premises Liability Law In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 588-6224 today.
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