When you are injured on someone else’s property in New York due to unsafe conditions, you might be able to file a premises liability claim. However, to succeed, you must provide compelling evidence to establish that the property owner or manager was negligent and that their negligence directly caused your injury. Understanding the types of evidence to gather is key to building a strong case. This guide outlines the essential evidence you need and why it’s important for your claim.

Understanding Premises Liability in New York

Premises liability law in New York holds property owners or occupiers accountable for maintaining safe conditions for visitors, tenants, and customers. Whether the property is residential, commercial, or public, the law requires owners to fix dangerous conditions or provide adequate warnings. Common scenarios for premises liability claims include:

• Slip and fall accidents caused by wet floors, uneven surfaces, or icy sidewalks.
• Injuries from poorly maintained staircases or broken handrails.
• Negligence in providing adequate security, leading to assault or theft.
• Dangerous conditions like exposed wires, faulty elevators, or construction hazards.

To successfully pursue compensation, claimants must prove:

1. Duty of Care: The property owner has a responsibility to maintain a safe environment.
2. Breach of Duty: The owner failed to address or warn of hazardous conditions.
3. Causation: The hazardous condition caused the injury.
4. Damages: The injury resulted in measurable losses like medical expenses or lost wages.

This process heavily relies on evidence, making it vital to know what to collect after the incident.

Key Evidence to Strengthen Your Claim

Photographic Evidence

Photos are often the cornerstone of premises liability claims. Visual proof can document the hazardous condition as it appeared at the time of the incident, preventing disputes over its existence. When collecting photographic evidence:

• Capture the exact spot where the accident occurred.
• Include close-up images of the hazard (e.g., wet floors, broken tiles) and wide-angle shots for context.
• Document any warning signs—or lack thereof—near the hazard.

Video Footage

Surveillance footage from security cameras can provide an unbiased account of the accident. In some cases, it may also reveal how long the hazard existed, which can demonstrate the property owner’s negligence. Steps to obtain video evidence:

• Request footage from the property owner or manager immediately, as recordings may be overwritten after a few days.
• If the property owner refuses, your attorney can issue a subpoena to secure the footage.

Witness Statements

Eyewitness accounts are going to support your version of events. If anyone saw the accident or observed the hazardous condition beforehand, their testimony can strengthen your claim.

Tips for gathering witness information:

• Get the names, addresses and phone numbers of witnesses at the scene.
• Record statements as soon as possible while the details are fresh.
• Witnesses can include other visitors, employees, or even first responders.

Incident Reports

Many businesses, such as grocery stores or hotels, require an incident report for injuries that occur on their premises. This report is going to serve as official documentation of the accident.

When filing an incident report:

• Provide a detailed and accurate description of what happened.
• Request a copy for your records.
• Avoid making statements that downplay your injury or accept blame.

Medical Records

Your medical records are essential to establish the extent of your injuries and link them to the accident. They also demonstrate the financial impact of your injury through treatment costs, prescriptions, and ongoing care. Include the following:

• Emergency room records, doctor’s notes, and imaging scans.
• Treatment plans and physical therapy documentation.
• Receipts for out-of-pocket expenses like medication or medical devices.

Other Important Types of Evidence

Maintenance Records

Property owners are responsible for regular maintenance. Maintenance logs can reveal whether the property owner neglected necessary repairs or inspections. Request documents that show:

• When the hazardous condition was last inspected or repaired.
• Any complaints made about the condition prior to your accident.

Weather Reports

For outdoor accidents, such as slips on icy sidewalks, weather reports can establish whether the property owner failed to address weather-related hazards promptly. This is particularly important in New York winters when snow and ice removal is a common responsibility.

Gathering Evidence with Professional Help

While you can collect much of this evidence yourself, partnering with an experienced personal injury attorney can make the process more efficient. Attorneys can:

• Subpoena documents or video footage that may otherwise be inaccessible.
• Work with accident reconstruction experts to strengthen your claim.
• Ensure all evidence meets legal standards for admissibility in court.

Conclusion

The strength of a premises liability claim in New York depends heavily on the evidence you present. Photographs, video footage, witness statements, and maintenance records can all play a vital role in proving negligence. Acting quickly to gather evidence and consulting a lawyer will significantly improve your chances of obtaining the compensation you deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.