Premises liability occurs when someone suffers injury because of unsafe conditions caused by a property owner’s negligence. However, these are not the only conditions required in order for you to file a premises liability lawsuit in the Bronx. The Bronx is governed by New York City, New York State, and federal law, all of which require that certain conditions be met in order for you to file such a lawsuit.
When to file a suit
If you are injured due to a property owner’s negligence in maintaining their property, you may have the right to sue them under the doctrine of premises liability. For example, you may have the right to sue a property owner if you are at a restaurant in winter and you slip on a patch of snow or ice on a walkway that the owner should have salted.
While slip and fall cases can sometimes get more complicated, you may be able to recover damages if you can show that the owner knew about the condition and did not take action to remedy it. An important takeaway is that, when you are injured on someone else’s property, you should notify them right away, seek medical attention, and document your injury in some way.
What to claim when filing a premises liability suit
In order for your case to have merit, you will have to prove that certain conditions have been met: these are known as “elements” of a claim. If you have been injured on another’s property, you will have to show the following:
- You were legally allowed to be on the property.
- The owner had knowledge of the unsafe condition that led to your injury and did not take steps to fix the condition or warn people about it.
- The owner’s failure to address or warn people of the condition directly caused your injury.
When to hire a lawyer
The sooner you hire an experienced personal injury lawyer Bronx, the more likely it is that you recover the damages you deserve after suffering an injury. The Law Offices of Evan W. Kohn are prepared to advocate for you.
Your Rights When You Suffer Injury on Someone Else’s Bronx Property
Wherever you walk in the Bronx, you expect that property owners will maintain their property so that you do not encounter dangerous conditions. You should not have to worry about tripping over a broken sidewalk or twisting your ankle in a hole in the ground. You should not have to worry about being injured in someone else’s home or shop.
You have a right to sue when you are injured due to a property owner’s negligence.
The New York City Bar Association’s website provides information about what it means for a property owner to be negligent.When you are injured on someone else’s property, whether it is indoors or outdoors, you need to show that:
- The property owner was negligent. If there are unsafe or dangerous conditions (uneven pavement or floors, obstacles in aisles or landscaping, hazardous materials on site, etc.), the property owner has an obligation to warn people about these conditions. They can rope off the area or post warnings.
- The property owner’s negligence caused your injury. To determine if someone was negligent, the law considers if a “reasonable person” could predict that the condition, action or lack of action might cause an injury. For example, if you lose your balance and trip somewhere on the property, the owner is may not considered to be negligent. The owner could not predict that you would fall.
- You were injured. Even if the property owner was negligent, and you fall, if you were not injured, you cannot get compensated.
- You filed a claim within the appropriate timeframe. To be sure that you properly document your medical injuries, possible negligence, and other relevant information, you should contact a lawyer as soon as possible. Lawyers usually provide a free consultation for people who have been injured on someone else’s property. At the consultation, the lawyer can determine if the circumstances meet the requirements for bringing a personal injury lawsuit.
- Let the property owner know that you have been injured
- Get medical attention
- Take pictures of the area where the injury occurred
- Contact an experienced personal injury attorney
But, if the property owner does not warn you about a danger, does not repair a hazard, or fails to properly maintain the property, they may be considered negligent
What to do if You are Injured on Someone Else’s Property
If you are injured on someone else’s property, you should:
The order that you perform these tasks depends on how seriously you were injured and several other factors. Make calling a lawyer a priority. A personal injury lawyer Bronx can help you gather the correct information and file the appropriate notices.
Get Professional Legal Advice with a Free Initial Consultation
The Law Offices of Evan W. Kohn has more than three decades of experience providing successful legal representation for people injured on someone else’s property in the Bronx and elsewhere in New York City. Call us at 718-409-5500 or contact us to schedule a free consultation. Se habla español.