Most people don’t expect to be injured just going about their everyday activities. They assume the people who own the homes and businesses they visit maintain a safe environment. However, sometimes, property owners neglect basic safety standards. If you are injured on someone else’s property due to their negligence and considering legal action, consulting with a premises liability attorney will likely prompt questions such as, “What is premises liability?”
What Is Premises Liability?
Premises liability is the category of law that deals with personal injury claims stemming from an injury on property not belonging to the victim. This type of law dictates what responsibility property owners have to other individuals and the type of compensation the injured party can pursue. Should you be injured on someone else’s property, your case will be ruled by premises liability law.
Remember that property owners are not always at fault when someone is injured on their property. Specific parameters must be met for an injury to be considered a premises liability case. Premises liability law determines whether a situation has the necessary elements for the property owner to be liable for the injured party’s losses.
Aspects of a Premises Liability Case
If you suffer an injury on someone else’s property and believe it was the fault of the property owner for failing to uphold safe conditions, you will need to prove the following:
The Owner’s Negligence
To bring a successful premises liability claim against the property owner, you must be able to prove the owner behaved negligently. That could mean they knew about an unsafe situation on their property and failed to address it. It could also mean they knew an unsafe situation existed and tried to address it but failed to eliminate the danger.
That You Were on the Property Lawfully
In the state of New York, if you trespass on someone’s property, you are usually not owed a duty of care by the property owner. This means they are not at fault for your injuries, whether they knew of the danger or not.
There are exceptions to this rule, and if you were trespassing when you were injured, you’ll want to work with a lawyer to see if you can seek compensation. Being on the property lawfully means you were either invited there or, if not, the property owner knew you were trespassing.
That the Owner’s Negligence Resulted in Your Injury
The final element you must prove is that the property owner’s negligence is the cause of your accident. This means that their action or inaction directly caused your injury. Proving this can be challenging, and you’ll want to have a skilled premises liability lawyer representing you. Your lawyer will collect information to prove your version of events is the accurate one and work to secure the most lucrative compensation for your losses they legally can.
Contact an Experienced Lawyer Today
Too often, accident victims blame themselves for their injuries when the property owner is the one who holds fault. Property owners are obligated to maintain a reasonably safe environment for visitors or patrons, but sometimes they don’t, and the victim is left injured. Accidents can happen in an instant but leave the victim with long-term health issues.
If you were hurt on someone else’s property because of their negligence, you deserve compensation for your losses. We are proud to help individuals in Queens, NY, and the surrounding areas with their premises liability claims and pursue the highest settlement possible under the law. Contact the Law Office of Barry M. Goldstein to schedule your free consultation today.
