Elements of a Premises Liability Claim

Prior to pursuing compensation for a premises liability claim, you must prove the following:

• Lawful presence on the property during the injury – You must have been invited onto the property, either as a guest, worker, customer, tenant, or someone with implicit permission to be on the premises.
• Negligence by the property owner in addressing unsafe conditions – You must prove that the property owner knew or should have known about a hazardous condition and failed to address it or provide adequate warning.
• Causation between the owner’s negligence and your injuries – You must demonstrate that the negligence of the property owner directly contributed to any injuries sustained.
• Damages resulting from your injuries – You must provide documentation of the harm and losses experienced due to the injury sustained, such as medical expenses, lost wages, and/or pain and suffering, to show the impact of the injury on your well being and standard of life.

Visitor Classification and Owner Responsibility

Previously, visitors were classified as belonging to one of three groups – invitees, licensees, and trespassers. However, visitor classification now pivots on foreseeability, altering traditional definitions. This can make it incredibly difficult for trespassers to build a winning case.

Types of Premises Liability Accidents

An array of incidents can lead to injury and consequently premises liability claims, including:

• Slip-and-fall incidents on wet or slippery surfaces
• Trip-and-fall accidents due to broken floors or sidewalks
• Ceiling Collapse
• Weather-related falls from uncleared snow or ice
• Dog bites
• Swimming pool accidents
• Elevator, and escalator accidents
• Inadequate building security, resulting in an assault or injury
• Construction site mishaps
• Fires caused by electrical systems that have not been properly maintained
• Injuries caused by toxic fumes or dangerous chemicals on a property

Why You Need Legal Representation:

Not every injury on another’s property warrants compensation. Proving the property owner’s negligence is crucial in an effective case. You must demonstrate that the property owner knew or should have known of the dangers, failed to warn you, and therefore caused your injury, as well as the resulting impact on your life and well being. Immediate repairs by property owners can erase evidence, highlighting the need for a prompt investigation.

Consult with a Trusted Attorney:

Seek counsel from a New York personal injury attorney swiftly to investigate your case and preserve evidence. Contact The Case Handler team at Pollack, Pollack, Isaac & DeCicco, LLP at 212-608-3734 for dedicated legal support in your premises liability claim.