Injured on Someone Else’s Property? Your Legal Rights Explained

New York is one of the most populated cities in the world. With millions of people coming and going daily, the chances of an accident occurring are high. When you’re visiting someone, stopping for lunch at a local deli, or heading into work–what happens if you get hurt? What do you do when you’re injured on someone else’s property?

If you are injured on someone else’s property in New York, this can be considered a case of premises liability, depending on a variety of circumstances, where the property owner is held liable for any injuries that happen to you while on their property legally.

Who’s Responsible for My Injuries?

Were you walking through an apartment building to visit a friend and slipped/tripped and fell because a pipe leak caused a puddle to form on the floor? Were you grocery shopping and suffered a concussion because a ceiling tile fell of your head? Did you suffer severe burns because the gas burner on the range in the kitchen where you work is broken?

If the property owner, manager, or an employee of the property (such as in the case of a business) is negligent and that negligence caused the accident that resulted in your injury, this is a potential premises liability case, and you should seek more information from a premises liability lawyer in New York.

How Do I Prove Fault?

Proving negligence for a premises liability case can be easy or difficult, depending on the law and the amount of evidence available. So, how do you prove if the property owner is liable?

Can you prove that the property owner or manager/employee failed to provide a safe, hazard-free environment for visitors or employees? Can you prove that the management/owner knew of the dangerous conditions and did nothing to fix them, or they knew about them, did a haphazard repair that failed? Can you prove that the management/owner have ignored repeated written reports about the hazardous conditions in the workplace, the apartment building, or the place of business?

Were the property owners unaware of the dangerous condition but should have been aware because the chain of communication was broken (in the case of the manager failing to report dangerous conditions to the building owner)?

How do you prove any of those things? How can you show that the property owner ignored your right to reasonable safety while on their property?

With the advance of technology, cameras are everywhere–were there cameras there? What about witnesses? Have there been complaints from other people about the hazard that injured you?

After an accident, there are steps you should take to help gather the information and evidence you need to help prove the fault lies with the property owners.

What to do After You’re Injured on Someone Else’s Property

The first thing to do after an accident on someone else’s property is to seek medical attention immediately. Document the type of injury, get photos, ask for copies of the medical records, and speak with a medical professional to discuss any long-term effects this injury will have on your ability to work and quality of life.

If possible, while being treated at the hospital, have someone you trust take photos/videos of the scene where the accident occurred. Document these photos with the time/location of where they were taken.

Once you’ve been treated for your injuries, file a police report. After the police report, file an incident report with the management company or employer. Having these reports on file will help with your premises liability case, as well as any claim you’d like to file with the homeowners insurance company.

Seek Legal Advice

In New York City, if you were injured through no fault of your own through negligence, neglect, or carelessness by others, you may be entitled to financial compensation by filing a premises liability claim. Speaking to an experienced personal injury lawyer is critical. Your legal professional can help you to understand whether you have a case and what will happen once you file your claim.

Types of Injuries Covered by a Premises Liability Claim

Any injured person who suffered injuries because a property owner fails to adequately warn visitors about any possible danger or hazard on their property have the right to file a premises liability claim against owner. If you are on the property with the owner’s knowledge or their permission, and the incident occurred because of a dangerous condition due to their negligence, here are some of the injuries for premises liability cases which you can file a claim:

• Dog Bites
• Slip/Trip and Fall Injuries
• Concussions/Severe Head Trauma
• Broken Bones/Crush Injuries
• Burns (Chemical and Fire)
• Piercing Injuries/Catastrophic Internal Trauma

Filing a Premises Liability Claim

Experiencing the pain and suffering of an injury can make it difficult to deal with the aftermath of your injury, but you don’t have to deal with it alone. Contacting a New York premises liability lawyer to file a personal injury claim is the first step to righting the wrongs against you. A premises liability attorney offers a free consultation to sit down with you, discuss premises liability cases to determine if you are entitled to compensation because of your circumstances. And it is important to know that you don’t pay any attorney fee unless your attorney wins your case.

What Documentation Do I Need to File a Claim?

In order to sue the property owners for your personal injury, you need to provide your lawyer with the documentation needed to file the claim. Obtaining legal evidence is crucial in any premises liability case, and having it makes the process smoother, and will get things moving that much faster.

When you file your claim, your personal injury attorney and staff will begin to collect documentation, including:

• Medical records
• Witness statements
• Police report/incident report
• Photos/videos of where the incident occurred
• Reports indicating the owner was warned of dangerous conditions
• Sworn affidavits from experts/professionals about the dangers that caused the accident

When you’re on someone’s property, it’s their duty to provide a safe place for social guests, employees, or business patrons. It is their duty under the law. When they break the law, they may have to deal with financial consequences.

How Much Can I Recover for my Premises Liability Claim?

Rightfully, you may be entitled to compensation to cover medical expenses, any ongoing medical treatment, lost wages/income, the cost of emergency services and related medical bills, legal expenses, and pain and suffering. Because each case varies significantly, it can be difficult to determine settlements or judgements arising from injuries received on someone else’s property. Speak to a qualified premises liability attorney as soon as you’re physically able.