It is the unfortunate truth that accidents can happen to anyone at any time. Sometimes, accidents can be due to a person’s own wrongdoing. In other cases, an accident happens due to another party’s neglect. When this happens, it is known as a personal injury accident. In these situations, the injured party often wishes to pursue a personal injury lawsuit to hold the negligent party responsible for their accident. There are two ways another party may be liable for another’s injuries.
Premises Liability
When a person becomes injured because of another party’s failure to take care of their property, it is known as premises liability. In the state of New York, property owners have a legal obligation to ensure their grounds are safe and others cannot be harmed. This requires them to make repairs, warn people about unsafe conditions, provide necessary security measures, and more. If the owner fails to do so, they can cause an accident and severe injuries to another person.
When people are injured on another property, the property owner can be held liable for negligence. In order for an injured party to receive compensation for their damages due to the accident, they are required to prove negligence in a lawsuit. To do so, they must prove two things: the party was responsible for taking care of the property they were injured on and the injuries were a result of their failure to do so.
Product Liability
When a person is injured due to a defective product, it is known as product liability. If a manufacturer cuts corners or deviates from protocol when producing a product, it can become defective and malfunction. Product malfunctions can cause serious injuries to consumers. When this happens, the manufacturer can be held liable. 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 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 cause injuries if it used incorrectly
Statute of Limitations
It is important for the victim of a personal injury accident to not wait too long to pursue a lawsuit if they wish to do so. This is because there is a statute of limitations in the state of New York. A statute of limitations requires the injured party to file a claim for a personal injury lawsuit within a certain amount of time. If they fail to do so, the individual may no longer be able to hold the negligent party responsible. In the state of New York, the statute of limitations for a personal injury lawsuit is three years.
Contact our Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.
