Have you been injured on someone else’s property and wondered if you have legal grounds to seek compensation? Property owners have a legal responsibility to maintain safe conditions for visitors, and when they fail to do so, you may have the right to pursue damages.
A premises liability attorney in New York can evaluate your situation and determine whether you have grounds for legal action. In this guide, Ross & Hill will explain the premises liability lawsuit process and the key indicators that you may have a valid claim.
What Is a Premises Liability Case?
A premises liability case arises when you suffer an injury on someone else’s property due to unsafe conditions that the property owner knew about or should have known about. These cases hold negligent property owners accountable for failing to maintain their premises or warn you of known hazards.
Property owners owe different levels of care depending on the reason for your presence on their property. Business owners, landlords, homeowners, and property managers all share the responsibility of keeping their premises reasonably safe for visitors like you.
A qualified premises liability accident lawyer in New York can evaluate whether your specific accident falls under this category and can determine the strength of your potential premises liability lawsuit.
Signs You Have a Valid Premises Liability Case
Determining premises liability claim eligibility requires examining specific factors about your accident. These five indicators suggest that you may have grounds for legal action.
1. The Hazard Was Hidden From Your View
Falls are one of the leading causes of death worldwide, and many of these accidents happen at home. Over 8.5 million people suffered injuries and were treated in emergency departments for fall injuries in 2022 alone.
While slips and falls may happen for no reason, they also often happen from hazardous conditions, like slippery surfaces, icy sidewalks, uneven grounds, and more.
You may have a strong case if you were injured from a dangerous condition that wasn’t immediately apparent to you. Property owners must either fix hidden dangers or provide adequate warnings. Examples include freshly mopped floors without warning signs, dim lighting concealing structural defects, or unmarked elevation changes.
If you couldn’t have reasonably spotted the danger before your accident, the property owner’s failure to warn you strengthens your claim.
2. The Property Owner Knew About the Danger That Hurt You
Proving property owner negligence often hinges on establishing that the owner knew about the hazardous condition before you got hurt. An experienced attorney can help you investigate and gather evidence demonstrating this knowledge, which significantly strengthens your case for a premises liability lawsuit.
Your lawyer may be able to uncover previous complaints from other visitors about the same issue. You may also be able to secure maintenance records showing that the problem existed before your accident. Witness testimony may also be able to confirm that the hazard persisted for an extended period.
3. You Were Legally Allowed on the Property When Injured
Your legal status as a visitor is a key factor in determining how to prove fault in a premises liability lawsuit, as it influences the property owner’s duty of care toward you. New York premises liability law provides different protections for you based on why you were on the property when you got hurt.
If you were an invitee, a customer in a store, a client in an office, or invited for business purposes, you would qualify for the highest level of protection. If you were trespassing on the property, your protection level changes.
4. You Sustained Significant Injuries Requiring Medical Treatment
Minor bumps and bruises typically don’t justify pursuing legal action. However, significant injuries that result in substantial damages make a compelling case for you to file a premises liability lawsuit.
Injuries that often warrant legal action include those requiring emergency care, hospitalization, or surgery, ongoing medical treatment, or significant time away from work, causing lost income. If you suffer permanent disabilities, disfigurement, or chronic pain that diminishes your quality of life, you also have strong grounds for pursuing a claim.
5. You Have Documentation Supporting Your Claim
Strong evidence can dramatically improve your case strength. Critical evidence includes photographs you take of the hazardous condition immediately after your accident, medical records directly linking your injuries to the incident, and incident reports you file with the property owner or manager.
Witness statements from people who saw you get hurt provide valuable corroboration of the property owner’s negligence.
What Compensation Can You Seek After Your Injury?
You may pursue compensation for various losses with property owner negligence and injury claims. You may begin by calculating your economic damages, which include quantifiable financial losses such as medical expenses for emergency treatment, hospital stays, surgeries, rehabilitation, and ongoing care. You may also pursue lost wages to cover any time you missed from work during recovery.
Non-economic damages address the intangible suffering you experience, such as physical pain and emotional distress. These damages acknowledge the trauma, anxiety, and reduced quality of life that may result from your injuries.
Why You Need Premises Liability Attorneys in New York on Your Side
Based on statistics from the U.S. Department of Justice and the U.S. Bureau of Justice Statistics displaying the nature of personal injury cases, Advocate Magazine estimates success rates in premises liability trials to be below 40%. Navigating premises liability claim eligibility requires legal knowledge. Premises liability attorneys in New York bring experience handling complex negotiations with insurers who often try to minimize or deny your valid claims.
These lawyers understand how to prove fault in a premises liability lawsuit by gathering compelling evidence that proves your case, working with witnesses to reconstruct your accident, and calculating the full extent of damages you may be entitled to.
Are You Looking for a Premises Liability Law Firm in New York?
If you’ve been injured on someone else’s property and believe you may have a valid claim, don’t wait to seek legal guidance. We understand how challenging it can be for you to navigate the legal system while recovering from your injury.
The experienced legal team at Ross & Hill offers compassionate guidance and legal support in premises liability lawsuits, helping you understand your rights and the steps involved throughout the process. We’ll evaluate your case at no cost and help you understand the suitable path forward. For more guidance on choosing the right premises liability attorney, view our resources.
Contact Ross & Hill at (646) 351-6222 to discuss your premises liability lawsuit with our experienced attorneys in New York.
FAQs Answered by a Premises Liability Accident Lawyer in New York
Here are some of the frequently asked questions about filing a premises liability lawsuit in New York.
What If the Property Owner Claims the Hazard That Injured You Was Obvious?
Property owners often argue that the dangers were open and obvious to avoid liability for injuries. However, even obvious hazards may require warnings or corrections under premises liability law.
Should You Report Your Injury to the Property Owner Immediately After Your Accident?
Yes, promptly reporting your injury creates an official record of the incident and puts the property owner on notice.
How Long Do You Have To File a Premises Liability Lawsuit in New York?
In New York, you typically have up to three years from the day your injury occurs to begin a premises liability lawsuit, though deadlines may differ for cases involving government bodies or minors. Delaying legal action can make it harder to gather evidence or witness testimony.
