Who you can sue in a premises liability claim on Long Island ultimately rests on the details of your situation. However, for the most part, if you were injured on someone else’s property on Long Island, you could take legal action against the party responsible for the property’s maintenance. The party in control of the property has a responsibility to maintain a safe environment free of potential hazards. Potentially liable parties could include a:
- Business owner
You may be able to file a premises liability claim to recover the cost of your accident-related expenses. The New York State Bar Association (NYSBA) states that a premises liability claim can be filed when a negligent party allows a “defective condition” to exist on their property.
Defective conditions or dangers on another party’s property may include spills, unanchored flooring, and dangerous animals. You may choose to work with a lawyer to help you recover compensation for your medical bills, lost income, and emotional anguish.
Insurance Policies that May Apply
The liable party will determine which insurance policy you will file with. If you are injured in a friend’s house, you will likely file a claim against their homeowner’s insurance policy. If you are injured in a grocery store, you will likely file with the store’s business insurance company.
It can be difficult to determine which insurance policy might apply in your case; however, a premises liability lawyer on Long Island can investigate your case and determine all liable parties.
If the insurance company refuses to offer you a fair settlement, you may want to take your case to court.
Proving Negligence in a Premises Liability Case
When you file a premises liability claim under the basis of negligence, you must prove that the other party failed to “behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances,” per the Legal Information Institute (LII). There are four elements of negligence that must be proven in order to secure a financial recovery.
They are as follows:
Duty of Care
First, you must prove that the other party owed you a duty of care. This legal duty requires a property owner or manager to keep an area safe and free of hazards. You must prove that the negligent party was responsible for keeping you safe. To do so, you may need property records or a lease agreement that proves the negligent party was in control of the property at the time of your accident.
Breach of Duty of Care
Secondly, there must be proof that shows how the other party violated their legal duty of care toward you. Any careless or negligent actions by the other party may constitute a breach of duty of care. You may be able to use evidence, such as surveillance video, to show how the at-fault party knew about a hazard yet failed to address it.
You must prove that the at-fault party’s negligence caused your accident. You may be able to establish this element by taking photos of the accident scene, getting statements from witnesses, and consulting with your health care team.
Finally, you must prove that you sustained financial damages from your accident. Evidence that could support this includes your medical bills and employment records.
Learn More About Filing a Premises Liability Claim on Long Island
As you can see, there are many factors that may influence who you can sue in a premises liability claim on Long Island. If you decide to move forward with a lawsuit, you typically have three years from the date of your accident to do so, per Civil Practice Law & Rules (CVP) §214(5).
The sooner you act, the sooner a Long Island premises liability lawyer can get started protecting your rights. At the Law Office of Cohen & Jaffe, LLP, we offer prospective clients a free initial consultation. When you get in touch with our law firm, we will explain your legal options and explain whether you have the basis for a viable claim.
Our firm will not only identify the liable party but also manage the legal process on your behalf. We want you to focus on your injuries while we advocate for your rights.
Contact us today at (516) 358-6900 to learn more about working with our team. We want to take the burden of a legal case off your shoulders so you can focus on your recovery.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.