Premises liability cases are notoriously challenging to win without the right evidence and legal representation on your side. It can be difficult to prove that a property owner’s negligence led to your accident, especially if there were no witnesses. Thoroughly preparing for your case and understanding the types of evidence you need can improve your chances of success.
Explore what you need to prove in a premises liability case and the types of evidence that can support your claim. Then, contact a premises liability lawyer in NYC to begin building a strong case.
What Is Premises Liability?
When you enter another person’s property, you never expect to encounter a significant hazard that leads to injuries. Property owners have a duty of care to maintain safe premises and take measures to reasonably prevent accidents
Premises liability is a legal concept that holds property owners liable for certain injuries that occur on their premises. A few examples of these types of claims include:
- Slip-and-fall accidents
- Swimming pool accidents
- Dog bite claims
- Elevator accidents
- Negligent security incidents
- Fires
- Inadequate maintenance accidents
Serious property accidents are more common than many people think. In 2023, over 340,000 residential building fires occurred across the U.S. Over 4.5 million people are bitten by dogs each year, with New York being one of the leading states for dog bites. Tragically, as many as 4,000 drownings occur each year in the U.S., many of which are in residential swimming pools.
But just because you were injured on another person’s property does not automatically make the property owner liable. You and your NYC slip-and-fall attorney need to provide extensive evidence proving their negligence and your damages.
What Do You Need To Prove in a Premises Liability Case?
Before determining what evidence you need to win a premises liability case, you should know which elements to prove with that evidence. Your premises liability lawyer in NYC will help you understand whether your case qualifies for a claim or lawsuit.
Successful supermarket slip-and-fall cases and other premises liability claims must meet all of these conditions.
You Were Lawfully on the Property
Property owners have a different duty of care to different types of visitors:
- Invitees: People the owner invites in for the property owner’s benefit, such as a customer at a store or a friend invited to a house party. Owners have the strongest duty of care toward invitees.
- Licensees: People who legally enter a property for their own purposes, such as someone who uses the restroom at a convenience store without making a purchase or a salesperson who enters a home to talk about their products. Owners owe a slightly lower duty of care to licensees.
- Trespassers: People who enter a property without the owner’s permission. Owners typically do not owe trespassers a duty of protection, aside from children.
Think about why you were on the property at the time of the accident. If you were an invitee, you may have an easier time winning your case. Your unsafe property condition lawyer will help you understand which of these categories you fall into.
The Property Owner Knew or Should Have Known About the Hazard
Property owners generally aren’t responsible for hazards they reasonably could not have known about. You will need to prove that either:
- The owner knew about the hazard that caused your accident, or
- The owner reasonably should have known about it (i.e., it existed for long enough that they had time to become aware of it)
For example, in supermarket injury claims, dropping a jar of pasta sauce and immediately slipping on it wouldn’t be the property owner’s fault. But slipping on a large puddle of water due to a ceiling leak might be.
It may be challenging to prove how long a hazard had existed leading up to your accident. You also can’t always prove whether someone did or did not know something. Your NYC premises liability lawyer will help you collect evidence supporting this point.
Your Accident Occurred Due to the Hazard
Perhaps you can prove that you were lawfully on the property and that the owner knew about the hazard. You then need to show that the hazard caused your accident.
Sometimes, people falsify premises liability accidents in an effort to secure compensation. This reputation has made it more challenging for actual victims to prove their damages.
Security camera footage can show exactly how your accident happened. If this isn’t available, your falling debris lawyer in NYC will help you collect other evidence to tie the accident to your damages.
Evidence That Can Strengthen Your Premises Liability Case
Ideally, your premises liability lawyer in NYC will have plenty of evidence to prove all of the above elements in your premises liability case. While you don’t need any specific evidence to have a valid case, you’ll need as much proof as you can gather to paint a complete picture of the accident.
Any of the following evidence would be helpful in your case.
- Photos or videos of the hazard: Visual evidence is extremely valuable in premises liability cases. Your sidewalk injury attorney in NYC will help you request security camera footage from the property owner, which may require a subpoena. They will also look for other photos or videos taken at the accident scene, such as from employees or witnesses.
- Communications with the property owner: If the accident happened on residential property, text messages or emails can help prove why you were there. Perhaps the owner texted you to invite you over.
- Instances of previous accidents on the property: If other accidents happened on the property and led to injuries, a record of these incidents can bolster your case. If any incident reports exist for your accident, you’ll also want to gather those.
- Witness testimonies: Anyone who saw your accident may prove helpful to the legal process. Your snow and ice accident attorney will help you reach out to witnesses and request testimonies you can use as part of your case.
- Medical records: Documentation from your medical provider can help show that your injuries were inflicted during the accident and were not pre-existing.
Your landlord negligence lawyer in NYC will take over the responsibility of gathering evidence while you focus on your injury recovery.
Let Our New York Premises Liability Lawyers Help You Collect Evidence
Evidence is key in any premises liability case in NYC. At Ross & Hill, we help personal injury victims build strong cases and pursue the maximum payout. Allow us to explain the legal elements in premises liability lawsuits and gather evidence on your behalf while guiding you through the legal process.
Call us today at 646-351-6222 for a free consultation with our premises liability lawyers in NYC.
Frequently Asked Questions
How long does a premises liability case take?
Premises liability cases may take anywhere from a few months to several years to settle. Our attorneys will help you keep your case moving and do everything we can to streamline your payout.
How often do insurance companies settle out of court?
Insurance companies settle out of court quite often in premises liability cases. Chances are, your case will not go to trial.
What is the premises liability statute of limitations in NY?
The statute of limitations for premises liability cases in New York is generally three years from the accident date. If you have already missed this deadline, our premises liability lawyers in NYC can explore a few exceptions to the statute of limitations for which you may qualify.
