Understanding Premises Liability Cases
You can sue someone if you hurt yourself on their property in New York if the owner, manager, or operator’s negligence was a cause of the accident. When a property owner’s negligence causes an accident on their property, a premises liability lawsuit may be filed against them.
Negligence might constitute the following:
- The property owner failed to monitor or maintain their premises to keep it free from any hazardous conditions.
- The property owner was aware of the dangerous condition on their premises and failed to act reasonably to repair or remedy the dangerous condition.
- The property owner was unaware of a dangerous condition but should have been aware of it.
Premises liability lawsuits are often used to call attention to a property owner’s negligence and help an injured victim recover compensation for the injuries they suffered.
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Examples of Premises Liability Cases
As you consider your legal options, you may have questions regarding whether you have a viable case.
The following examples could serve as the basis of a premises liability case:
- You slipped and fell on someone else’s property. This could be a department store, supermarket, or brick-and-mortar store.
- You tripped and fell due to a broken or defective stairway at a premises you were visiting.
- An unsecured object fell on you while you were present at a property.
- You were assaulted on private property due to negligent security measures.
You may have been injured in many other ways not outlined here.
Elements That Must Be Proven in a Premises Liability Case
When trying to hold a property owner liable for the injuries you suffered on their premises, you will need to prove these four elements:
- The private property owner owed you a duty of care, as explained by the Legal Information Institute.
- The property owner breached that duty by failing to maintain their premises.
- As a result, you suffered injuries.
- As a result of the accident, you suffered compensable damages such as pain and suffering or economic damages.
If you can prove these elements, then you may be entitled to a recovery from the property owner to compensate you for the injuries you suffered and related damages. A personal injury lawyer will be able to assist you to prove your case and maximize the recovery you may be entitled to.
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You May Have Suffered Serious Injuries
If you were injured on another party’s property, you may have suffered one or more of the following injuries:
Traumatic Brain Injuries (TBI)
According to the Centers for Disease Control and Prevention (CDC), TBIs range in severity from mild to severe. Whether you suffered a mild or severe TBI, you could request compensation for your medical expenses.
Spinal Cord Injuries
MedlinePlus notes that spinal cord injuries can cause a person to lose function in one or more areas of their body. As the result of a spinal cord injury, you may have to undergo extensive physical therapy, pain management, epidural injections, or surgery in the form of disc decompression, laminectomy, and/or spinal fusion. These injuries can severely impact your ability to return to work and to live your life the way you once could. If you suffered a spinal cord injury, you may be entitled to compensation.
If you fractured one or more bones in your body, you may need to undergo surgery, follow-up treatment, and therapy. If you suffered a fracture you may be entitled to recover compensation for your pain, suffering, and lost wages, if you are unable to work due to your injuries.
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You Can Recover Compensation Even if You Contributed to the Accident
If you hurt yourself while on another person’s property in New York, your role in the accident will be assessed when you attempt to recover compensation. Yet, even if you are found to be partially liable for the incident, you will still be entitled to recover compensation for your pain and suffering, medical expenses, and lost wages.
If you want to learn more about whether you can sue someone if you hurt yourself on their private property in New York, contact Dansker & Aspromonte Associates LLP at (646) 692-0204 or complete a free case evaluation form.
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