How to Recover Compensation Following a New York Premises Liability Case

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How to Recover Compensation Following a New York Premises Liability Case

Generally, when you are visiting a friend, or are at the supermarket, you do not imagine yourself getting injured. Unfortunately, when you are on another person’s property, there is no way of telling if there are hazardous conditions and where/what they are. When a property owner is aware of a hazardous condition and does not seek to fix it within a reasonable amount of time, he or she may be considered liable in the event of an accident. Property owners are responsible for ensuring all parties are safe on their property. In some cases, property owners are even responsible for trespassers’ safety. If you have been injured on another person’s property, here are some of the questions you may have:

How do I know if I am entitled to compensation if I was injured on another party’s property?

Property owners have a duty of care, which means they are obligated to maintain reasonably safe conditions on the premises. If a property owner breached his or her duty of care and you were injured as a result, there is a very good chance you will be entitled to financial compensation. 

When would a property owner have a duty of care?

A property owner has a duty of care towards individuals who are lawfully on his or her property either as an invitee, which is someone who was invited onto the property for commercial or business reasons, or as a licensee, which is someone who was on the premises for non-commercial and non-business reasons, such as a social gathering. In some instances, even trespassers are owed a duty of care. If you were trespassing and the property owner knew you were there, he or she must inform you of any man-made dangers, such as electric fences.

What are some examples of premises liability cases?

Several different circumstances may qualify for a premises liability lawsuit. Some examples of premises liability cases are as follows.:

  • Inadequate maintenance: Homeowners are responsible for maintaining their grounds so no one is accidentally injured
  • Insufficient security: If you are a property owner and do not have adequate lighting in your parking lot, someone may get injured as a result.
  • Slip-and-fall accidents: When in public places, it is their responsibility to display “wet floor” and other hazard warning signs whenever necessary. 
  • School negligence: School authorities are responsible for monitoring what happens at your child’s school, so if your child is harassed, abused, injured, or improperly supervised, you may qualify for a premises liability claim.

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