If you are injured as a result of someone else’s property conditions, you may be able to file a premises liability claim. In the state of New York, premises liability protects people who are injured at the fault of someone else’s lack of care to their property. Instances like this can happen almost anywhere. Incidents may result in physical, mental, or emotional trauma. In some cases, you may be able to seek compensation for the injuries or trauma you received as a result of the incident.
There are many ways an individual may be hurt as a result of negligence. It is possible to pursue a claim if you were injured on another party’s property. There are certain types of situations in New York State that fall under premises liability law. These may include:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- School negligence
Duty of Care
While pursuing a premises liability case, it is important to understand who and why someone is responsible for your injury. There are several reasons that a property owner would have duty of care toward an individual who was injured on their grounds. One notion is that the individual was on their property as an invitee or a licensee. An invitee is a person that was invited onto the property for a business or commercial reason. A licensee refers to a person who was on the property for a non-business or non-commercial reason. This may include social gatherings/parties.
There are even some cases where a property owner may owe duty of care to someone who is trespassing on their property. To argue this, the owner must have known the trespasser was there and therefore had the duty to warn them of any harmful conditions. This same law is extended to children trespassers in some cases. Property owners may be held responsible for any conditions that draw a young child onto their property, resulting in injury.
Proving a Case
In order to win a premises liability case, an attorney needs to prove a number of things that show the property owner was negligent and responsible for your injury. This may include:
- Duty of Care: Proving the property owner was responsible for keeping safe conditions on their premises.
- Breached Duty of Care: The property owner did not care for their premises, despite their obligation to do so.
- Breach Caused Injury: Proving the property owner’s breach of duty of care was the direct reason the individual was injured.
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Contact our Firm
If you or a family member have been injured as a result of property conditions and are looking to file a premises liability claim, contact the Law Office of Richard M. Kenny today.
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.