Every property owner has a responsibility to maintain good standards and conditions. This is so that people who come onto their property cannot be injured as a result of poor maintenance. If an individual is injured as a result of someone else’s failure to take care of their property, they may be entitled to filing a premises liability claim. In the state of New York, premises liability can protect individuals who are injured on another’s property. Such incidents can result in physical, mental, and emotional trauma for the injured party. Sometimes, the injured person may be able to receive compensation for those traumas as a result of the incident.
There are several ways someone could become hurt as a result of a property owner’s negligence. There are certain situations in New York State that are considered under premises liability law. This may include:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- School negligence
Duty of Care
Before pursuing a premises liability case, it is important to understand who is at fault for your injury and why they are responsible. The duty of care is the legal obligation that property owners have to maintain a certain standard of care to ensure that individuals are not injured on their grounds. There are many reasons why a property owner has a duty of care toward an individual who is injured on their property. One reason is if the individual was on their property as an invitee or a licensee. An invitee is a person who was invited onto the property for business or commercial reasons. A licensee is a person who was on the property for non-business or non-commercial reasons, such as social gatherings.
In some cases, a property owner may even owe a duty of care to a person trespassing on their property. The property owner is responsible for warning a trespasser of any harmful conditions if they were aware of their presence. This law may also come into effect with children trespassers who were drawn onto their property and injured as a result. An example of this may be if a property owner has an unfenced pool and an unsupervised child drowns.
Proving a Case
To be successful in a premises liability case, a number of things must be proven. The injured party is responsible for proving that the property owner was negligent and responsible for your injury. This may include evidence that the property owner was responsible for keeping safe conditions on their premises and they did not do so, despite their obligation. The injured party must also prove that their injury was a direct result of the property’s owner’s failure to maintain a safe property. Some evidence that may help your case can be pictures of the property and any medical documentation of your injuries, including the time and place it occurred.
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 Offices of George Poulos today.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.