Queens Premises Liability Lawyer
When most people think about premises liability, their minds wander to a slip and fall accident. While this type of accident certainly qualifies, the reality is that premises liability is a far broader concept.
Any accident that happens when you are on another person’s property, that is the result of a defect or hazardous condition, is grouped under premises liability. When those accidents are the fault of the property owner, the injured person can pursue compensation for their injuries.
The Queens premises liability lawyer represents individuals who have been injured on the property of others to obtain for them the fair compensation that they deserve. Talk to a professional lawyer today.
Premises Liability Law in New York
New York law concerning premises liability is contained in the common law. This means that there is no statute passed by New York’s legislature that defines how an injured person can pursue a property owner for compensation. Rather, it is a collection of court decisions, passed down over the years, that define premises liability. This collection of court decisions is known as the common law.
To prevail in a premises liability case, a plaintiff and a Queens premises liability lawyer must be able to prove three things:
- That the plaintiff was lawfully on the property
- That the owner of the property was negligent in taking care of the unsafe condition
- That the negligence caused the plaintiff’s injury
Proving Various Elements of a Case
These elements are more difficult to prove than they appear. For a plaintiff to be legally on the property, they need to be invited. This can be through an invitation to a house party, as a worker fixing a person’s commercial property, or as a shopper in a grocery store.
Essentially, the person needs to have a legitimate reason to be there. Trespassers need only be protected from open and obvious dangers. In fact, it is a defense for defendants in premises liability cases to argue that the injured person had no right to be on the property.
The main question in these cases usually revolves around whether the owner was negligent in their care for the property. In cases of structural defects, such as a broken stair, the owner would have to have known that the stair was broken and made no attempt to fix it.
Alternatively, in cases of a temporary hazard, such as a spill, the owner must have attempted to rope off or warn customers of a hazard.
In proving that an owner knew of a hazard, documentary evidence, such as e-mails talking about a defect or security camera footage showing the spill, are extremely strong pieces of evidence for the plaintiff.
Statute of Limitations
Aspiring plaintiffs in these cases also need to be aware of the statute of limitations. This is a time limit placed on all plaintiffs that they need to meet in order for their case to be heard in court. New York gives plaintiffs alleging personal injury three years from the date of the accident to initiate a Queens premises liability lawsuit.
This may seem like a long time, but between medical treatment, investigations, and insurance negotiations, time can quickly run out.
Contact a Queens Premises Liability Attorney Today
Being injured on another person’s property may entitle a plaintiff to compensation for their injuries. However, only in specific circumstances, when the plaintiff is legally on the property and the owner failed to fix a problem prior to the accident, can the injured person hope to win.
A Queens premises liability lawyer can work with injured individuals to obtain the fair compensation that their case deserves. Through gathering the evidence, talking to witnesses and negotiating on the individual’s behalf, many cases settle without needing to go to trial. Contact an attorney today to see how they can help you obtain compensation after being injured due to another person’s negligence.