If you are filing a premises liability claim, you need the services of a lawyer who has the knowledge and experience necessary to support your claim, collect evidence, and present a valid argument against the defendant. Your attorney understands the laws and rules that govern business premise liability in New York.
Understanding Premises Liability Claims
If you suffer an injury while on someone else’s property, you could have a valid premises liability claim. In general, your claim involves the negligence of the property owner in keeping the premises maintained or eliminating hazards they are aware of that could harm another person. Liability does not fall on property owners if the claimant is on the property to trespass or invade the house.
Some premises liability claims may include injuries from slips and falls, dog bites, exposure to hazardous or toxic substances, or property defects. Also, you may be exposed to dangers that could harm you while on someone else’s property such as being a victim of slippery or icy walkways, or trips and slips from rugs or pavement.
How Complex Your Claim Can Be
You need to hire an attorney versed in premises liability issues because of the complexity of these claims. As the plaintiff, you need to prove the negligence of the property owner or controller. In some instances, you may have to prove who this person is if the property in question is commercial or rental.
How to Win Your Claim
To succeed in your liability claim, you should show that the owner of the property failed to eliminate the dangers on their property that could harm expected visitors. This includes failing to maintain the grounds, making the property’s condition unsafe for people. The court will take into account the reasonableness taken to eliminate the danger and if you were a licensee, invitee, or a trespasser.
A licensee is a person who has the implied permission of the owner to enter the property. They come onto the property for their own purposes. A good example of a licensee is a salesman. Traditionally, the property owner owed a licensee a lesser duty only to warn them of dangerous conditions that create an unreasonable risk of harm if the owner is aware of the condition and the licensee may not be able to discover it. Meanwhile, an invite is someone who is permitted to enter the property. They include friends, neighbors, and relatives. The owner of the property has a duty of reasonable care to keep their property safe for the invitee. Lastly, a trespasser enters the property without the permission of the owner. Unless the trespasser is a child, the owner does not owe a duty to a trespasser.