Key Components of a Premises Liability Case in New York
Property owners owe all visitors a legal duty of care in New York. They are responsible for ensuring the safety of visitors by removing or repairing potential hazards from their property as well as constantly monitoring for the emergence of any new hazards.
If you or someone you love was injured on a property that belonged to another party, you could hold them liable for your injuries. An experienced premises liability attorney can help you prove the four “elements” of a New York premises liability claim so that you can receive your rightful financial damages from the defendants.
Legal Components of New York Premises Liability Claim
Victims need to prove the property owners was in all likelihood responsible for the injuries caused. Some elements that go into proving a premises liability claim are:
1. The injury was caused by a person in control of the property
This includes the property owner, or anyone that leased the property, was in charge of operating it when the injury occurred or was in some way responsible for the condition that caused the injury. For instance, if you suffer injuries in a slip and fall accident at a local fast-food restaurant because of spilled water the restaurant owner or manager can be held responsible over their failure to provide safe conditions.
2. The defendant was negligent in managing the property
You need to be able to demonstrate that the person controlling the property was negligent in their duties to ensure the property was safe for visitors. You need to show that the neglect caused a hazardous situations, which resulted in your injury.
3. You suffered an injury
You cannot hold a property owner responsible just because a potential hazardous situation is present. You need to show that the injury was a direct result of the dangerous condition to have legitimate grounds for a premises liability claim.
4. Your injuries were directly caused by owner’s negligence
You must also be able to show that the negligence on part of the property owner or operator contributed directly to your injuries. It is not enough to show that the injury was caused by the hazard. You also need to demonstrate that the premise owner or operator failed in their duty of care, which led to the creation of hazardous conditions and your injuries.
Premises Liability Claim for Trespassers
In general, the owner doesn’t owe a duty of care to trespassers. Pertaining to this, even if you get hurt, you cannot hold the owner liable for negligence or your injuries. This is true even if you prove that the property owner or operator was aware of the dangerous conditions.
In relation to this, there are a few exceptions to this rule:
- Trespasser is known to the property owner: If the property owner is aware of the trespasser and acquiesces to their presence, the owner can be held liable for any injuries suffered.
- Children and attractive nuisance: This doctrine is applicable to child trespassers. If a dangerous condition on the property that may prove to be attractive to children causes an injury to a child, the owner can be held liable. This is true even if the child was an unknown trespasser. An example of attractive nuisance is an unfenced pool.
Legal Help is Here from Top-Rated Premises Liability Attorneys in New York
The aggressive and competent premises liability attorneys at the Law Offices of Michael S. Lamonsoff can help you recover maximum compensation for your injuries from the negligent party. The firm led by attorney Michael S. Lamonsoff “The Bull” steadfastly employs its decades of combined experience in handling premises liability claims and a track record of significant settlements that allow injured victims to move forward with their life. To request your free, no-obligations consultation, call us at 212-962-1020 or complete this online form.