How Can I Prove a Property Owner Was Aware of Dangerous Conditions?

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How Can I Prove a Property Owner Was Aware of Dangerous Conditions?

When injured on a person’s property, you may chalk it up to an unfortunate accident. However, the property owner may have known about the dangerous conditions on the premises, meaning they may be held liable. As such, you must understand what you can do to prove they were aware of these issues to recover compensation for their negligence. The following blog explores what you should know about these circumstances and how a Bronx slip and fall lawyer can assist you through these complex issues.

What Constitutes Dangerous Conditions on a Property?

There are many instances and issues that can cause liability for a property owner. It’s necessary to understand the status of the injured party. Generally, anyone who enters a property uninvited is considered a trespasser. If a trespasser is injured, they have no claim to compensation. However, if it is public property or the person was invited onto the property and suffers an injury, they will likely be able to recover compensation for the injuries they sustained if they can prove the owner was aware of or should’ve been aware of the issue.

Common dangerous property conditions include, but are not limited to, the following:

  • Uncleared debris from sidewalks or walkways
  • Uncleared spills or wet spots
  • Cracked or uneven sidewalks
  • Inadequate lighting
  • Unsafe stairwells
  • Broken elevators
  • Construction material left haphazardly on the site
  • Attractive nuisances
  • Structural issues
  • Faulty designs

It’s important to note that these dangers can occur on residential, commercial, and government property.

What Can I Do to Show the Property Owner Knew About the Hazard?

If you are injured by a hazard, you may want to pursue compensation. However, the property owner will likely claim they were unaware of the issue before it happened and cannot be held liable for the injuries and damages you’ve sustained. Luckily, there are steps you can take to prove the owner was aware or should have been aware of the issue.

One thing you can do to help prove that the property owner was aware of the issue is to use security footage or photographs taken prior to the accident to show the hazard was present for a period of time that warranted attention and a remedy. Similarly, you may be able to find witnesses who noticed and reported the issue to the appropriate party prior to the accident.

In some cases, you may find that the hazard was the result of a code violation. For example, if you fell down stairs that did not meet local building codes, this can be used to help prove the owner was or should have been aware of the violation.

When you’re hurt and need guidance on how to recover compensation for the injuries you’ve endured, the Law Office of Richard M. Kenny can help. Our dedicated legal team understands the complexities of premises liability cases, so we will do everything in our power to help you through this process. Contact us today to learn how our dedicated team will fight for you.

CONTACT OUR EXPERIENCED NEW YORK CITY FIRM

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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Whether you need a car accident lawyer, slip and fall lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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