Like a personal injury case, most premises liability cases are centered around negligence. The injured party must prove that a property owner in New York was negligent in the upkeep or maintenance of their property to file a successful premises liability claim.

Here's something to remember. Just because you got hurt on someone else's property doesn't necessarily mean that person is responsible. Furthermore, if the property has hazards present, it doesn't mean the owner was negligent. You must provide proof that the property owner knew — or should have reasonably known — that the premises was in a dangerous condition but did nothing to address it. This would make them negligent and responsible for damages.

We advise you to speak with an NY premise liability lawyer to explore your options and give you advice about your case. Brandon J. Broderick, Attorney at Law can represent you and ensure your best interests are being looked after.

Premises Liability Case Types

Any accident can be related to cases involving premises liability. Whether or not you can claim damages in a lawsuit is the main piece of this type of case. Consider the following types of premises liability claims and injuries first:

• Slip and Fall: These premises liability cases are self explanatory. You slip and fall on someone else's property and suffer injury. This is one of the most common types of injuries you could suffer on someone's property. Every year, thousands of people suffer significant injuries in slip and fall accidents, whether you stumble from loose carpet, trip over uneven pavement, or slip because of a wet floor.

• Lack of Security: If the building owner failed to take reasonable precautions to ensure the building was protected, someone who enters the property illegally and assaults or kills someone inside, you could have a premises liability claim against them. A victim of a violent crime who was on a home or commercial property may be entitled to sue the owner on the basis of negligent security.
• Swimming Pool Accidents: This is a common type of accident, which is why many states and municipalities have rules and ordinances requiring swimming pools to be surrounded by a fence, usually with a locking gate.

Premises Liability Case Notice

By having constructive notice, the property owner should have known about the hazard that led to your accident and injuries, and did nothing to address the danger. This might be a difficult aspect of a case, as the plaintiff has to prove that the person or owner responsible for maintaining the property would have found the hazard and taken appropriate action.

Actual notice in personal injury claims means a hazard or dangerous conditions has been reported to the owner by you or another party. In any case, there is a risk of unintentional injury that has been reported and the lack of repair or warning signs led to your injuries.

You have a duty to report your accident as quickly as you can if you are hurt on public property. An example would be: you must provide the proper notice following the occurrence if you are injured on a college campus that is run by the county or state. Generally, when any type of claim is filed against a city, state or government entity, the time limit is much less than a personal injury claim in general. Speaking with an experienced personal injury lawyer to discuss submitting a Notice of Claim is an excellent option.

The statute of limitations is now shorter if your claim is against a municipality, such as the City of New York, the New York City Transit Authority, the New York City Housing Authority, or any other municipality. You have one year and ninety days from the date of the accident to file a lawsuit, but just ninety days to file a Notice of Claim.

Premises Liability Lawyers That You Can Trust

Are you thinking about seeking legal help after being injured on someone else's property? We at Brandon J. Broderick, Attorney at Law, believes in doing everything possible to help our clients. We have a team of premises liability and personal injury lawyers who can provide the type of support you need.

For a free consultation, get in touch with us today.