If you are injured while legally on someone else’s property, the property owner is liable for said injuries if negligence caused the damages. This rule is what the legal system and insurance entities call “premises liability.” Premises liability can apply to a variety of injuries, especially slip & fall accidents, burns, electrocutions and chemical or dangerous substance exposure.
If you have been injured on another person’s property, you will need to prove three main things: 1) that you were lawfully on the property, 2) that the owner was negligent in some way and 3) that the owner’s negligence caused your injury.
Were You Legally on the Property?
To be lawfully on the property, the owner would need to have invited you as a guest or for work. Proof of this could include a written formal or informal invitation or a work order. Or, in certain cases, if not lawfully on the property, victims will need to prove that the owner knew they were trespassing on the property.
Was the Owner Negligent?
Proving that the owner of the property was negligent in dealing with the unsafe condition is a bit more difficult. The victim will need to prove that the owner knew, or should have known, about the dangerous condition on their property and failed to repair it or warn of the condition. A quality legal team can help provide the victim with ways to prove the owner’s negligence.
Another important fact that will need to be proven is that the owner being charged does indeed own the property. In some cases, the true owner may be a third party or another group of individuals, whom will need to be help responsible, too.
Did Negligence Lead to the Injury?
The last thing that needs to be proven is that the owner’s negligence caused your injury. If your legal team can prove the first and second items, then the third can be derived from them. However, any other documentation around the incident and the injury at-hand can further prove the connection between the injury and the negligence.
In the end, those injured on someone else’s property will need to prove that they were harmed as the result of the owner’s negligence. An owner is negligent if they do not uphold their duty to keep guests and visitors safe from preventable harm. Under New York law, victims must prove their claim by a “preponderance of the evidence,” meaning the victim must demonstrate that the premises owner was “more likely than not” responsible for causing your injury.
Your Premises Liability Case
When confronted with a premises liability situation, the first thing you should do is get treatment for your injuries, as your health is the most important factor in these events. Once treated, you should contact a knowledgeable and experienced legal team to help you get the justice you deserve. If the property owner was the one at fault, you should not be held responsible for your medical charges and other damages.
As experienced personal injury attorneys with a long history of defending our clients in court, the lawyers at Hoffmaier & Hoffmaier are not afraid to take your battle into the courtroom to get what you deserve. We aggressively defend the rights of our clients against any business of any size and believe that the verdict should be in favor of the party that’s right – not the one who’s large or powerful.
If you’ve been injured on someone else’s property in New York and have been unfairly compensated or not compensated at all, give us a call today so we can discuss your case. We don’t get paid unless we win, so your consultation is completely free. Call Hoffmaier & Hoffmaier today at (212) 777-9400.