New York Premises Liability Lawyer

When a property owner fails to provide adequate warning of a property’s hazardous conditions, a serious injury or death may occur.

Residential and commercial property owners who do not ensure their buildings and grounds are designed safely and properly maintained can face legal implications when accidents occur.

If you were injured on business’ property, government property, or private property, you may be entitled to seek fair compensation for medical costs, lost wages, and pain and suffering. A skilled New York premises liability lawyer could investigate your case and determine whether you have a viable claim. Reach out to an accomplished personal injury attorney today.

The Burden of Proof in Premises Liability Cases

Generally, victims who suffered an injury on someone else’s property will need to prove that the cause of their injury was the owner’s negligence. An owner is considered negligent if they fail to uphold their duty to exercise reasonable care to keep visitors safe from preventable harm.

Under New York law, injured victims may face certain challenges in proving that the property owners were responsible for the injuries sustained by the victims on their land. Victims must be able to prove their claim by a preponderance of the evidence. This means that the property owner’s negligence was “more likely than not” responsible for causing the injury.

Property owners can be held liable for damages under New York premises liability law if they owed a legal duty to the victim and they breached this duty. Establishing these two elements involves a number of legal steps. The level of responsibility of the premises owner depends on how the victim who came on the property is classified.

People are generally classified as an invitee, licensee, or trespasser. If applicable, the type of classification may dictate the level of compensation.

Invitees

An invitee is the most common classification of a visitor. If the property owner invited someone on their property as a guest or visitor, they will be considered an invitee. An invitee must be on the property to either conduct some kind of business or because the business is public property and is made available to the public.

Licensees

If someone enters the property with permission from the property owner, but visits for their own purpose, they are often classified as a licensee. Some examples include party guests, family friends who have an open invitation, or people who enter a business to ask for directions.

Trespassers

A trespasser is someone who enters the property without permission from the owner and for the trespasser’s own purposes. A property owner’s duty of care is very low compared to invitees or licensees. However, owners are not allowed to create dangerous conditions that did not exist before to harm or trap the trespasser.

What is the Deadline to File a Premises Liability Claim?

The statute of limitations is a law that places a time limit on an injured victim’s right to have a lawsuit heard in civil court. Missing the deadline may result in a case dismissal.

Under New York Civil Practice Laws & Rules section 214, if an accident occurs on private land and there is no municipal involvement, the statute of limitations is three years from the date of the accident. In some rare situations, the clock may toll, or pause, giving the plaintiff more time.

When an injured plaintiff is filing a claim against a government entity, the statute is shorter. Victims must file a Notice of Claim within 90 days of the accident and start a lawsuit no later than one year and 90 days from the date of the accident. A skilled premises liability lawyer in New York could help an injured individual with filing a claim.

Consult with a New York Premises Liability Attorney Today

If you have been injured to due unsafe or hazardous property conditions, you may be entitled to damages. However, the complicated aspects of a premises liability claim may require a trusted New York premises liability lawyer who has the knowledge and experience to investigate your case and fight to get you the best possible resolution. To learn more, call now.