If you are looking to take legal action after you were hurt on someone else’s property, you may be wondering what evidence you need to file a successful premises liability claim in New York.
Having an accident on someone else’s property does not automatically entitle you to money damages. New York law requires you to prove certain elements in a claim or lawsuit. Hiring an experienced premises liability lawyer will help you understand the legal requirements to build your case.
The sooner you consult a lawyer, the sooner they can begin to investigate the circumstances of your accident, preserve evidence, protect your rights and build a strong claim for maximum financial compensation. Here are some steps you can take immediately after your accident:
- Call the police
- Take photographs of the condition that caused your accident
- Record the names and contact information of all witnesses
- Request medical attention at the scene
- Document any visible injuries with photographs
- Do not post on social media about your accident or your injuries
Types of Evidence Used to Prove a Premises Liability Claim
A premises liability case can involve a wide variety of accidents including falls on a public sidewalk, in a housing project, in a store or private home, elevator or construction site to name just a few examples. You can even bring a premises liability claim against your landlord if you were injured in your own apartment or home under certain circumstances.
Building a strong case requires evidence that your accident was the result of negligence of a property owner or other responsible party and that as a result of that negligence you sustained certain injuries. Evidence of fault can be gathered from the following:
- Witness statements: Witnesses can speak to their knowledge of the property, the conditions that day, and the reasonableness of predicting these conditions.
- Photographic evidence: Pictures of the property and the environment surrounding the accident site can prove that the owner failed to meet their duty of care.
- Official reports: Police reports and official documentation from someone in authority on the property can include detailed descriptions that serve as evidence.
- Surveillance footage: Camera footage can show the conditions of the property at the time of your accident.
- Expert reports: Inspection reports from engineers, architects or other specialists can establish the dangerous or defective nature of the condition which caused your accident.
Evidence of Your Injuries
Evidence of the injuries you suffered can include the following:
- Ambulance, hospital and emergency room records: These official documents can serve as important evidence in proving your injuries.
- Medical treatment records: The ongoing evaluation and treatment records documenting your injuries are essential in building your claim for financial compensation.
- Injury Photographs: Pictures can serve as a powerful illustration of the nature of your injuries and any disfigurement or scarring that results from your injuries.
- Witness statements: Witnesses to your accident or family members can speak to what they observed about your injuries and the impact of those injuries on your life
- Medical experts: We may retain specialists to evaluate and testify about your injuries and the permanent effect of those injuries on your life.
The Elements That Must Be Proven In A Successful Premises Liability Case
In order to prove that a property owner or other party was legally responsible for your accident and injuries, you must prove with evidence these four elements as set forth by the New York Bar Association (NYBA):
- That the owner of the property or other party owed you a duty of care to keep the premises safe,
- That there was an unsafe or defective condition on the property,
- That you were hurt because of this defective condition, and
- That the defective condition was caused or created by the owner or other party or that the owner or other party had actual or constructive notice of the condition.
In order to protect your rights, it is imperative that you consult an experienced personal injury team to fight for you. Don’t delay however as there are deadlines that require that you bring your claim by a certain date. If you fail to file your claim by these deadlines, you may be forever prevented from recovering the money you deserve.
Once retained, your lawyers will begin a thorough and careful investigation of the unique facts and circumstances of your case, locate and preserve evidence before it is lost, file all claims in a timely manner and build a strong claim for you so that you can focus on your own recovery.
How Dansker & Aspromonte Associates Will Use Evidence to Fight for You
At Dansker & Aspromonte Associates, we have been fighting for the rights of injury victims since 1988. Our lawyers have decades of experience handling premises liability cases and obtaining millions of dollars for people just like you.
Call us for a free consultation. If we agree to accept your case you will not be required to pay us any money upfront. We only earn a legal fee when we recover compensation for you. To learn more about how we can help you contact us today at (212) 732-2929.