Premises liability law encompasses the legal obligations that property owners have to keep their premises in safe working order for tenants, guests, and those hired to work on the property. When this does not happen and legal occupants are injured as a result, the property owner may be held liable for damages. If you have been harmed on someone else’s unsafe property, learn how to file a valid premises liability claim.
WHAT CONSTITUTES A VALID PREMISES LIABILITY CLAIM?
In order to file a valid premises liability claim, you will need to prove that you were on the property legally during the time of your injury. Legal tenants, their invited guests, and those hired to work on the property are all considered legal occupants and may recover compensation from the property owner for any injuries they sustained as a result of the property owner’s breach of duty.
Secondly, you will need to prove the property owner neglected their duty to maintain safe conditions on their premises and that as a result of this negligence, you sustained harm. You and your premises liability attorney must establish the following:
- Duty: The defendant owned, leased, or controlled the property.
- Breach of duty: The defendant was negligent in the maintenance of the property.
- Injury: You were harmed on the defendant’s property.
- Causation: The defendant’s negligence was a substantial factor in causing your injury.
Since premises liability law varies from state to state, it’s in your best interest to contact an experienced attorney who can guide you through the process and help you recover the compensation you need to recover any unexpected medical expenses and lost wages.
At Silbowitz, Garafola, Silbowitz & Schatz, LLP, our New York City premises liability attorneys can work to secure available evidence and answer questions regarding how long the unsafe condition existed, if anyone has had an accident in the same location or filed complaints about it, and whether the issue is a building code violation.