A premises liability case is built on the notion that conditions on another party’s property caused injuries to a visitor. The key element of any premises liability case is where the incident took place, as this will provide useful information regarding liability. For instance, if you were injured at a chain grocery store, you could file a claim against the corporation. If you were injured at a neighbor’s house, you could file a claim against the property owner.
If you were injured on another party’s property, you will need to provide evidence that shows how the at-fault party acted negligently. You may choose to work with a Long Island premises liability lawyer to help you recover compensation. They can establish negligence in accordance with the guidelines set by the American Bar Association (ABA).
Hazards that May Cause a Premises Liability Accident
To successfully recover compensation, you must prove that the at-fault party knew (or should have known) about an unsafe condition on their premises and did nothing to protect visitors from it.
Conditions that may lead to a Long Island premises liability case may include, but are not limited to:
- Inadequate security measures
- Poor lighting
- Stairwells with no handrails
- Unanchored flooring
- Exposed wires
- Debris in a walkway
- Loose animals
You may not see the cause of your accident listed above. Still, you should consider your legal options.
Proving Negligence in a Premises Liability Case
The New York State Bar Association (NYSBA) explains that property owners have a duty of care toward guests on their property. If a property has a foreseeable or otherwise dangerous hazard and someone is injured as a result, the injured claimant can pursue compensation under the basis of negligence.
When seeking to recover compensation for their damages, injured claimants must prove the four elements of negligence.
These elements include:
Duty of Care
You must establish that the negligent party owed you a legal duty of care. Property owners take on a duty of care upon inviting others to visit their property. Their duty is to ensure their property is safe. Upholding this duty might require inspecting the property regularly, fixing any potential hazards, and warning visitors of hazards.
Breach of Duty of Care
You will need to show that the other party breached their duty of care. For instance, suppose that you slipped and fell on a wet floor. By allowing a dangerous condition to exist on their property and not cleaning it up or placing warning signage, the property owner breached their duty of care.
You must provide evidence that shows how the other party’s breach of duty of care resulted in your accident. Supporting evidence could include photographs of the accident scene, security camera footage (if available), or statements from witnesses.
You will need to prove that because of your accident, you suffered financial losses. Your medical bills and lost income could satisfy this requirement.
Proving the four elements of negligence by yourself can be challenging. You may choose to work with a Long Island premises liability lawyer. They can investigate the circumstances of your accident, file an insurance claim, and evaluate the cost of your damages.
Recoverable Compensation in a Premises Liability Case
If your case is successful, you may be entitled to recover any of the following:
- Medical expenses, such as emergency transport, hospitalization, assistive devices, physical therapy, ongoing care, and surgical costs
- Lost wages
- Reduced earning capacity
- Miscellaneous expenses, such as the costs of getting to and from doctor’s appointments or renovating your home or car to accommodate your injury
- Pain and suffering
- Mental anguish
If you lost a loved one due to an accident on another party’s property, you may be able to recover funeral and burial costs through a wrongful death claim.
Learn About Your Legal Options in a Free Case Review
Now that you understand what a premises liability case is, you should consider your financial recovery options. At the Law Office of Cohen & Jaffe, LLP, we can help you build a premises liability case against the negligent party. We also work on a contingency-fee-basis; you may not have to pay anything out of pocket for our legal aid.
To learn more, contact the Law Office of Cohen & Jaffe, LLP at (516) 358-6900.
For a free legal consultation, call 516-358-6900