All property owners have a legal obligation to maintain proper standards and conditions of their property. This is so that those who come onto their grounds cannot be injured as a result of poor maintenance. However, sometimes properties are not always safe and accidents can happen, causing injuries. These incidents can result in physical, mental, and emotional trauma for the injured party.
In the event that a person does become injured as a result of an owner’s failure to take care of their property, they may wish to file a premises liability claim. In the state of New York, premises liability law protects those who are injured on another’s property. During these lawsuits, the injured party may be able to receive compensation for traumas that occur as a result of the accident.
People can become injured as a result of negligence in many ways. In New York, there are certain situations covered by premises liability law:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- School negligence
Duty of Care
When pursuing a premises liability case, it is important to understand who is at fault for the accident and why. Property owners are required to provide a duty of care towards others. This duty of care is an obligation to maintain a certain standard of care that ensures people are not injured on their property. There are many reasons why a property owner has a duty of care towards a person injured on their property. One 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 other cases, a property owner may even owe a duty of care to a person that trespasses on their property. If they are aware of the trespasser, the property owner must warn them of any harmful conditions if they were aware of their presence.
Proving a Case
During a premises liability case, the injured party must prove a number of things. They must first show the property owner had an obligation to take care of the property they were harmed on. Next, the injured is required to prove the property owner was negligent despite their responsibility. Lastly, they must prove their injuries were a direct result of this negligence. To prove these things, the injured party must provide evidence. Evidence for a case may consist of 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 Laurence C. Tarowsky today.