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Premises Liability: Broken Stairs

What to Know BEFORE Filing a Premises Liability Claim in New York

When you sustain injuries on someone else’s property, it is vital to determine what caused the accident before filing a premises liability claim. In many circumstances, these accidents were preventable if only the owner or occupier had better maintained the area. According to New York law, property owners have a “duty of care” to make sure their building is free of potential dangers that could be harmful to residents or customers. If these standards aren’t met and lead to an accident or injury, the owner could be held responsible for damages that occur on their property.

What is a Premises Liability?

A premises liability claim is a type of negligence claim. The difference between the two relates to the inclusion of property rather than strictly a negligent activity. In New York, Premises Liability is defined as “a kind of civil lawsuit against a landowner, which claims that an unsafe condition on the landlord’s property caused an injury.” If you are injured because of an unsafe property and file a claim against a landlord, you will have to establish that:

  • You were lawfully on the property (that the owner invited you or hired you to work on the property), or if not lawfully on the property, that the owner knew you were trespassing on the property.
  • That the owner of the property was negligent in dealing with the unsafe condition—that is, that the owner knew or should have known about the dangerous condition on the property and failed to repair it (or if repaired, it was repaired in a way that did not fix it or made the condition worse), rope it off, or warn of the condition.
  • The negligence caused your injury.

Before Filing a Premises Claim, You Will Need Evidence

  • Medical records that show your specific injuries related to the case
  • Photographs or videos of the scene
  • Interviews and statements of witnesses to the accident
  • Interviews and statements from doctors who treated you
  • Reports from law enforcement
  • Proof that you were on the property legally
  • Evidence regarding the party that owns the property
  • Evidence regarding the party that occupies or leases the property

Premises liability can be complex, as there isn’t always an obvious answer for whom should be held liable for the negligence. Many injuries or deaths on public or private properties and multiple parties may be held financially accountable.

We Are Here To Help

Suppose you were injured on another person’s property or a commercial property. You believe it is the property owner’s fault. In that case, you will need a professional attorney you can trust to handle your case. At Edelman, Krasin, & Jaye, PLLC, we offer more than 60 years of combined experience. We have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Our firm is committed to bringing the compensation you deserve. Contact our New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and our Live Chat application on our website to have your questions answered.