New York is a busy city. Sidewalks are crowded, streets move fast, and construction can be found on almost any corner. Because of this, accidents can happen at any time to anyone. When someone becomes injured as a result of another party’s negligence, it is known as a personal injury accident. When this happens, an injured party may wish to file a claim for a personal injury lawsuit to hold the negligent party responsible. In doing so, it is important to understand who is responsible for the injuries and why.
Premises liability is when a person becomes injured on another party’s property due to improper care. This law covers situations such as slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more.
Property owners in the state of New York are legally obligated to maintain a safe property. This is so that people do not sustain an injury when they walk on the property. This requires property owners to make repairs to their property, warn people about unsafe conditions, ensure the property is safe, and provide necessary security measures. If someone becomes injured because they failed to do so, the property owner can be held liable for negligence.
When an injured party wants to hold another responsible for negligence, they must file a personal injury lawsuit. During this time, they must prove two things: the party was responsible for the property they were injured on and these injuries were a result of the owner’s failure to do so.
Product liability is when a person is injured because of a defective product. This is usually seen when a mistake is made or if a manufacturer does not follow proper protocol when producing an item. When products are not made correctly, they can become defective and severely injure someone. There are three main categories of defects seen in product liability cases:
- Design defect: When a designer does not account for a user’s safety when creating the product
- Manufacturer defect: When a manufacturer strays from the usual production process, causing the product to injure someone
- Failure to warn: When a company fails to provide a warning label for a product that can hurt someone if it used incorrectly
Statute of Limitations
When someone is harmed in a personal injury accident, it is important that they not wait too long to file a claim for a lawsuit if they wish to do so. This is because there is a statute of limitations. The statute of limitations is a time limit that an injured party has to file a claim for a personal injury lawsuit. If they do not do so before this deadline, they may lose their right to pursue the case. The statute of limitations for a personal injury case in New York is three years.
Contact our Firm
If you or someone you know was involved in a personal injury accident and wishes to speak with a skilled attorney, 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.