Roosevelt Premises Liability Lawyer
People who get injured while on another’s property may automatically assume that the property owner is liable to pay damages. New York laws concerning this are far more complicated. They analyze why the person was on the property to begin with, and whether the property owner knew about the condition that caused the injury. Even if the law’s requirements for this are met, a plaintiff’s case may still fail if the accident happened before the statute of limitations.
Roosevelt premises liability lawyers can represent individuals who have been injured while visiting another’s property to obtain the fair compensation that they deserve. If you have been injured due to another’s negligence, contact a skilled personal injury attorney right away.
Questions to Answer Concerning the Accident
The first aspect to consider about the accident is when it happened. New York Civil Practice Law Rule 214 states that any action in civil court alleging a personal injury must be started within three years of the date of the accident. This is known as the statute of limitations. If this time limit has passed, the plaintiff cannot win their case, no matter how solid the evidence against the defendant.
Once it is established that the accident happened less than three years ago, the plaintiff’s presence on the land may be questioned. In essence, a person needs a legal invitation to be on the property. This extends to all shoppers in businesses, houseguests in private homes, and official workers, such as mailmen or electric meter readers. If a person is not invited onto the land, they are considered a trespasser and are afforded protection only against intentionally created hazards.
What Circumstances Commonly Lead to an Injury?
Only after it is determined that the plaintiff was on the land legally can a Roosevelt premises liability lawyer look at the facts that led to the injury. Not only must there have been a hazardous condition, the landowner must have known about it and failed to fix the problem.
Examples of these hazardous conditions can include liquid spills, icy walkways, broken stairs, improperly cordoned-off construction areas, and defective structures. For a customer at a convenience store slipping on ice outside of the store, it must determined if the plaintiff had a right to be there. Certainly, since the store is open to anyone who wishes to shop.
What Goes into a Planning a Negligence Presentation?
A Roosevelt premises liability lawyer may consider the following when preparing someone’s lawsuit:
- What time of day was it?
- Did it snow or sleet the night before?
- Was it snowing at the time of the accident?
- Did the property owner take any action to try to make the situation less dangerous?
All of these factors make a premises liability case more complicated than it first appears. A plaintiff must not only prove that they were injured on another’s property, but also that the property owner was negligent in their care for the property and that this led to the injury. Since these injuries can range from broken bones and sprained joints to spinal cord injuries and head trauma, it is important to ensure the correct measures are taken.
How a Roosevelt Premises Liability Attorney Can Help
Roosevelt premises liability lawyers are familiar with New York’s laws concerning injuries that happen on another’s property. Attorneys know the responsibility that property owners have to protect others and represent clients who have been injured due to the negligence of the owners.
Utilizing our knowledge of the law, and gathering all of the evidence, a lawyer can negotiate with defendants’ insurance companies on behalf of our clients. In the event that the case cannot be settled for a satisfactory sum.