Who Can I Sue in a Premises Liability Claim in New York?
A premises liability claim can arise from a wide variety of accidents including:
- A slip or trip and fall on a sidewalk
- A fall inside or outside of a business or residence
- An assault due to negligent security
- A ceiling or other structure collapse
- An elevator malfunction
Based upon the unique facts and circumstances of your accident, the party or parties who may be responsible for a premises accident can be private entities or public agencies of government. Some examples of private entities who may be held negligent in an accident include private property owners, property managers, and tenants. Public agencies of government on the other hand can also be held negligent and include The City of New York, The State of New York, and public authorities like The Housing Authority of New York City.
Suing a Private Property Owner
If you were harmed on another person’s premises, you could argue that you would not have been injured if said party had upheld their duty to keep you safe.
What Is Private Property?
According to the Legal Information Institute (LII), private property is any “property owned by private parties—essentially anyone or anything other than the government.” This means that private property is not only land and homes owned by individuals, but also businesses and properties owned by companies and corporations.
Liability for Private Property Owners or Others
The New York Bar Association (NYSBA) states that private property owners and other parties can be held liable for accidents that happen on their property because they owe a duty of care to others to keep it reasonably safe. When they fail to maintain their property safely due to their negligence, they can be held responsible for any accidents and injuries that then result.
How to Sue Property Owners and Others for Accidents on Private Property
In order to recover compensation from a private property owner or another party, the evidence must show that (a) an unsafe condition existed at the premises that was either created by that party or (b) that the party knew about the condition but failed to fix it or should have known about the condition if they acted reasonably.
If the evidence shows that the property owner or other party acted as indicated above, New York law permits you to demand fair and just financial compensation for any injuries that resulted from their actions or inaction.
To prove the above, however, your lawyers must undertake a careful and thorough investigation of the unique facts and circumstances of your accident, locate and preserve evidence before it is lost, file all claims in a timely manner, and build a strong claim for maximum compensation.
How Your Lawyer Can Help You Prove Your Case
Some of the actions your lawyers will take to investigate your claim may include:
- Obtain all police and incident reports
- Interview all witnesses
- Secure video footage of the incident, if available
- Perform a site visit and inspection
- Take photographs of the incident location
- Demand sworn statements from all parties
- Compile records of all prior or similar accidents at the location
- Consult with premises experts such as engineers or architects
- Request all hospital and medical records
- Retain medical experts
- Analyze all economic losses such as lost wages
Suing the Government for Premises Liability
Public property is any place that is owned or maintained by the government as opposed to private individuals or businesses. Some examples of public property include public sidewalks, parks, roads, and public buildings like post offices and libraries.
Public housing is public property that is rented to private individuals. If you are hurt while in public housing in New York City due to negligence, you may have the right to sue The New York City Housing Authority (NYCHA) if you comply with the filing requirements.
Proving Government Liability
The City, State or U.S. government can potentially be held liable if the evidence shows that their negligence led to your injury. For example, if you slip on a floor in a State park or U.S. Post Office, you may have the right to bring a claim against the government under certain circumstances. Every case is unique and the mere fact that you were injured does not mean that your claim will be successful.
There are strict rules and deadlines for bringing a claim against The City of New York, the State of New York, or the U.S. Government, however. Contact a lawyer as soon as possible to discuss your rights in any claim involving a potential claim against the government or any agency of the City, State, or Federal Government. Failure to follow the rules may result in a denial of your claim and prevent you from receiving the compensation you would otherwise be entitled to receive.
The sooner you contact an experienced premises liability lawyer, the sooner they can begin to protect your rights and build a strong claim for maximum compensation.
Call Dansker & Aspromonte Associates LLP Today
If you have been injured as the result of a premises accident, call the team at Dansker & Aspromonte Associates LLP today at (646) 692-0204 to receive your free case evaluation. If we agree to accept your case, you will not be required to pay us any money upfront. Our goal is to ensure that you receive the highest compensation possible for your pain and suffering, medical expenses, lost wages, and any other losses resulting from your accident.
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