Proving a Case of Premises Liability in New York

Proving a Case of Premises Liability in New York

Premises liability is an area of the law that focuses on a property owner's responsibility to maintain a reasonably safe environment. While most people do not realize it, they may be entitled to compensation if they were negligently injured on someone else's property—may it be a commercial enterprise, government office, private residence or public establishment. In order to successfully file a claim for damages, however, the victim must be able to prove that the following circumstances had existed at the time of the accident:

  • The victim had lawfully entered onto the premises
  • The property owner had failed to uphold their duty of care
  • The injuries resulted from the property owner's negligence

If all of these factors can be adequately established, the wrongfully injured victim should have no problem securing compensation; however, cases of this nature are often complex. For this reason, it is highly recommended that you retain the help of a Long Island personal injury attorney from The Odierno Law Firm, P.C. if you or someone you love is interested in pursuing a premises liability lawsuit. The sooner you involve a lawyer, the better chance you will have at building an effective case—as you will need a sufficient amount of evidence to support your allegations.

In order to prove that the property owner had acted negligently, you will need to show that they either knew or should have known about the dangerous conditions and that they had subsequently failed to remedy them. Since most defendants will deny that they had prior knowledge, you may need to support your case with strong circumstantial evidence—which can be done with the help of our experienced legal team. To find out if you have a valid personal injury claim, contact The Odierno Law Firm, P.C. today for a free consultation: (877) 379-5144.

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