If you are injured while on someone else’s property, you may be wondering who is responsible for your injury. The owner of the property may be held liable if there was an unsafe condition on the property. This is true in slip-and-fall accidents as well as cases involving other types of injuries.
In order to have a strong premises liability case in New York, it helps if you can demonstrate that you were lawfully on the property. You can show this by introducing evidence that indicates that the owner invited you on to the property or hired you to work on the property. If you were trespassing, you were not lawfully on the property. However, if the owner knew you were trespassing, he may still be liable for your injury.
You must also show that the owner of the property was negligent in handling the unsafe condition. If the owner knew about the dangerous condition at the time of the injury, or should have known, the owner probably had a responsibility to do something about it. If the owner failed to properly repair it, or failed to warn of the condition, the owner may be found negligent. Lastly, you must show that the owner’s negligence was what caused your injury.
If you can prove your case, you will likely be able to recover damages from the property owner to cover your medical expenses and other costs. If you get injured on someone else’s property, you should notify the property owner as soon as possible and seek medical attention if necessary. You should also make sure to document everything. You only have a limited time after the injury occurs to bring suit, so make sure to act quickly, stay organized and seek expert advice if you need it.
Source: New York City Bar, “Premises Liability,” accessed on Oct. 13, 2014