Property owners in New York state have the responsibility of making sure that their property is safe for anyone that may enter the property. One of the more difficult parts of a premises liability case is proving that the property owner was negligent in caring for their property.

First, you have to determine the duty of care. This means that you must prove that you were lawfully on the property as either an invitee, licensee, or a “child trespasser.” The second element that must be proven when trying to have a successful premises liability case is a breached duty of care. A breached duty of care means that the owner knew that there were unsafe conditions on the property and failed to fix the conditions to ensure that no one got hurt. Finally, the last element is that the breach caused injury. The injured person must be able to link the failure to maintain property safety with their injury to show that the property owner was negligent. You must find a way to prove that this is the case.

If you are injured on another person’s property, it is important that you take photos and videos of the negligence that caused you to become injured. This makes a lot of difference in your case because you have evidence. Take the pictures before leaving the property because it can easily be removed and that may ruin your case.

The Law Office of Richard M. Kenny has over a combined century of experience in dealing with personal injury lawsuits and has achieved over nine figures in verdicts and settlements, proving their success rate in the courtroom. Contact the Law Office of Richard M. Kenny today to figure out your next steps and speak with an attorney who cares.