If you are injured on someone else’s property, whether it’s a personal residence or a business, due to the property owner’s negligence, your personal injury case is considered premises liability. While many people brush off injuries that occur on someone else’s property, it may be in your best interest to consult with an attorney, especially if your injuries are serious.
At Buttafuoco & Associates, our New York premises liability attorneys may be able to help you recover damages you need to bounce back from your injuries and prevent financial repercussions. Get in touch with us today for a free consultation to learn about your rights. Call 1-800-NOW-HURT.
What is Premises Liability?
These cases vary widely, but according to our New York premises liability lawyer, common types of premises liability accidents include:
- Dog bites or attacks
- Slip and falls
- Exposure to toxic or hazardous substances
- Drowning, near drownings, or water hazards
- Negligent security
Since these cases are so various, the legal process and the required evidence will be unique to your case.
Legal Presence on the Property
The first requirement for establishing a premises liability case is to confirm that you were legally on the property. If you were trespassing, it’s very unlikely—though not impossible—that you’ll be able to file a personal injury claim against the owner.
In the case of public or open property such as in a city park or at a shopping mall, you would likely qualify to bring a premises liability case because these areas are intended to be visited by the public.
Negligence of the Property Owner
To bring a valid premises liability claim, you must establish the negligence of the property owner by meeting the following two requirements:
- The hazard that caused the accident must have been obvious to the party responsible for the property upkeep.
- The hazard must have been present for a long enough time that it was reasonable for the liable party to have repaired or barricaded the hazard.
If the party responsible for the property fails in its duty to identify and address hazardous conditions, they can be held liable for breaching its duty of care to visitors. This means, if you were injured in an accident due to hazardous conditions on someone else’s property, you may have a personal injury case.
For example, if the handrail in a stairwell is noticeably loose, the property owner or manager needs to take the necessary steps to fix it. However, if the handrail broke the day of the accident, the property owner likely did not have enough time to fix it and may not have even known about it.
Evidence to Collect in a Premises Liability Case
To establish how the accident happened, you will need strong evidence. Common evidence includes:
- Photographs of the area can show the hazard and the aftermath of the accident.
- Surveillance video can show the accident itself, or even how long a hazard went unattended before your accident. Surveillance video, however, can be difficult to obtain without the help of a lawyer.
- Witness statements can give the viewpoint of unbiased third parties who witnessed the accident.
- If the accident occurred in a store, restaurant, or other public setting, there may be an incident report to document the accident.
- Medical records will show the extent of your injuries and damages.
It can be challenging to collect evidence when you are injured, so assigning someone you trust to collect evidence or contacting a New York premises liability attorney for assistance can strengthen your case.
Liability
In addition to collecting evidence, you must determine who was liable for the accident, but liability in premises liability cases can be complex. Who is liable in your case depends on the type of accident. If you suffered an injury in a slip and fall at a grocery store, you would need to determine who was responsible for maintaining the inside of the grocery store.
A New York premises liability attorney will be able to identify all potential liable parties in your case and conduct the investigation necessary to determine liability. Some potentially liable parties include:
- Property owner
- Property manager
- Tenant
- Maintenance crew
Seeking Damages from a Premises Liability Accident
Once you have established who is liable and how the accident occurred, you must establish the damages you suffered.
There are several kinds of injuries you may suffer after an accident on someone else’s property. Slips and falls commonly result in broken bones, head trauma, and fractures, while dog bites can result in infections and disfigurement. There is also a potential for emotional distress, such as a fear of dogs following an attack.
Aside from your medical bills that arise from the accident, you should also be entitled to damages for:
- Lost wages
- Lost earning potential
- Long-term or permanent disability or disfigurement
- Pain and suffering
A vocational expert may be necessary to testify on your behalf regarding your work limitations due to your injuries. Likewise, a medical expert might be necessary to establish the permanency of your injuries and the damages it may cause. A New York premises liability lawyer can help gather expert witnesses to support your case.
How an Attorney can Help
Collecting evidence, identifying liable parties, and negotiating a settlement for damages can be difficult to complete on your own. An attorney can make the process of recovering the damages you deserve significantly easier.
The New York premises liability attorneys at Buttafuoco & Associates can take these tasks in your stead and let you focus on recovery.
Contact us at 1-800-NOW-HURT to schedule a free consultation.