Determining Fault in Long Island Premises Liability Cases
It is important to know that just because a person gets hurt on someone’s premises, it does not mean the owner or manager of the premises is responsible for the injury. Determining fault in Long Island premises liability cases can be difficult and sometimes the plaintiff is unable to figure out who is responsible.
Another vital thing to know about premises liability cases is that there has to be notice shown to the premises owner. Otherwise, there is no liability. Just because it is a dangerous condition, it does not automatically make the owner at fault. The notice has to be either constructive or reasonable. If the premises owner is notified of the situation and does not rectify it, then they could be liable for the accident.
If you have suffered an injury on someone’s premises, seek the services of a seasoned lawyer who could help you assign fault and seek compensation.
Circumstances When an Attorney Turns Down a Case
An attorney could turn down a person’s premises liability case if there is no liability under the law. There must be certain requirements for an accident to be considered a premises liability case. This could be if someone is injured due to an act of God or mother nature. For example, a person is on someone’s property and a lightning bolt comes down and hits them. Nobody is responsible for the lightning strike, so they cannot sue someone for that.
Another situation when a lawyer can refuse to take someone’s case if there was an assumption of risk involved. This is complex due to the fact that just because someone gets hurt playing a sport, it does not mean there is a legit case. The person who gets hurt assumes the risk that comes with the sports that they engage in involuntarily.
If the terms of the damages and determining fault in Long Island premises liability cases are not able to come to an agreement between the plaintiff and the defendant then the case goes to trial. Every case in Long Island is determined on a trial if it cannot be settled. Unlike several other states, New York is not a contributory negligence state. Contributory negligence is when if the person injured is over 50 percent negligence, then they cannot bring a lawsuit. In New York, someone can bring a lawsuit and the defendant would be liable for whatever portion they were found responsible for under negligence determination by the jury.
How a Lawyer Can Help
Unfortunately, it can be hard determining fault in Long Island premises liability cases, but luckily, experienced and determined Long Island attorneys are available to assist. An accomplished lawyer is going to have the experience with premises liability cases and know how to gather evidence to prove your claim. If you have been injured on someone’s property, call a lawyer today to see if you are eligible for compensation.