In the state of New York, all property owners have a legal obligation to make sure their grounds are safe and in good condition. Doing so ensures guests cannot become harmed if they come onto the property. In the event that a property owner does not fulfill this obligation, people can become severely injured as a result. It is because of this that people who sustain injuries due to the negligence of a property owner can pursue legal action for physical, emotional, and financial damages. Continue reading below to learn more and contact an experienced New York personal injury attorney for assistance with their case.
What are Examples of Premises Liability Accidents?
There are many ways a person can become injured due to the negligence of a property owner. In the state of New York, the accidents caused by the following situations may be considered under premises liability law:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- School negligence
What is a Duty of Care?
When pursuing legal action for a premises liability case, it is important to be aware of who is at fault for the injury. Property owners owe others a duty of care. This means they have a duty to maintain their property so that others cannot become harmed by it. Property owners owe a duty of care toward a person injured on their property if they are 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. It is important to note that a property owner may even owe a duty of care to a person trespassing. The property owner must warn a trespasser of any hazardous conditions on the grounds if they were aware of their presence.
Proving Liability
In a premises liability case, the injured party is responsible for proving the property owner was negligent, thus causing the injuries sustained. This may be done by gathering evidence that shows the property owner failed to maintain safe conditions on their grounds despite their obligation. They are also required to prove their injury was a direct result of this. Evidence that may be helpful for a case can include pictures of the property, medical documentation of your injuries, witness testimonies, and more.
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.
