If you were injured on another person’s property, whether public property or private property, you may be looking into recovering financial compensation to help cover your medical bills, in-home care costs, and more. However, these lawsuits are not always easy to win, so you must read on and hire an experienced attorney to learn about the process going forward. Here are some of the questions you may have:
How do you win a premises liability lawsuit?
As with any personal injury lawsuit, you must prove that you were injured due to another party’s negligence. To do so, you will first have to demonstrate that a property owner owed you a duty of care. This simply means that while you were lawfully on a property, that property owner was responsible for using reasonable care to maintain safe conditions on the premises. From here, you will have to prove that the property owner breached his or her duty of care and that you were injured as a direct result.
How do I know if a property owner owed me a duty of care?
There are two primary conditions under which a property owner owes a guest a duty of care. The first, and most common is a lawful presence, either as an invitee or a licensee. Invitees are those who are on a property for commercial or business reasons, such as going to a supermarket. However, a licensee if someone who is lawfully on private property, such as a friend or relative’s house. Generally, if you are injured either as a lawful invitee or licensee, there is a very good chance you will be entitled to compensation.
On the other hand, in some cases, even trespassers can be entitled to compensation. For example, if you are aware someone is trespassing on your lawn and you fail to warn him or her of any man-made dangers that could have a fatal result, you may be held liable. Additionally, property owners sometimes owe a duty of care to children trespassers. If, for instance, you have a pool in your backyard, you are responsible for installing all proper fencing, alarms, and barriers to prevent children from entering while unattended.
What should I do after being injured on another person’s property?
You must first call 911 and have the police report your incident. You should then receive medical attention and hire an experienced attorney if you plan on filing a lawsuit. Do not wait. The sooner you act, the better. We are here to help.
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Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.