The Basics of Premises Liability
Injuries that take place in another person’s home or place of business can cause substantial physical, emotional, and financial damages. Premises liability is an area of civil law that holds property owners accountable for injuries caused by dangerous conditions on their premises.
Individuals injured by a property owner’s neglect should understand their legal options. Premises liability attorneys at Zucker & Regev, P.C., who serve Brooklyn, NY, discuss the basics of premises liability so people know their rights after an injury caused by poor property maintenance.
Who Does Premises Liability Apply to?
Premises liability applies to owners of private and commercial properties. Under the law, property owners have an obligation to maintain a reasonable degree of safety for people who have been expressly or implicitly allowed on their property. If hazards are present, property owners must address them in a timely manner or alert visitors of danger to prevent injury.
How Do You Prove Liability?
Individuals injured on another person’s property may have grounds to file a premises liability claim. But being injured is not enough on its own to prove liability in a premises liability case. The plaintiff must demonstrate the following aspects of premises liability:
- A dangerous condition existed on the property
- The defendant owned or controlled the property where the hazard existed
- The defendant knew about the hazard or should have known about the danger and failed to address it or provide a sufficient warning to visitors
- The plaintiff was lawfully on the premises
- The dangerous condition caused injuries to the plaintiff
Proving liability in a premises liability lawsuit can be complex, but our Brooklyn attorneys work with investigators to gather evidence to substantiate the claim. Helpful evidence in a premises liability case includes photographs from the accident scene, security footage of the accident, eyewitness testimony, and documentation of the hazardous condition.
What Types of Damages Can Be Awarded?
The types of damages awarded in a premises liability claim depend on the losses suffered. Injury victims may be able to recover compensation for:
- Past and future medical expenses
- Lost wages
- Diminished wage-earning capacity
- Pain and suffering
What Is the Statute of Limitations for a Premises Liability Claim?
The time an injury victim has to file a premises liability claim is subject to the state’s statute of limitations. In New York, premises liability claims usually fall under personal injury lawsuits. As such, victims have three years from the date of their injury to file a premises liability claim in civil court.
Injury victims may have less time to file a claim depending on the circumstances of their case. For instance, the statute of limitation is less when an injury occurs on property owned by a government entity. If injuries result in death, it is a wrongful death claim, which limits the statute of limitations to two years from the date of the death.
Contact Zucker & Regev, P.C.
If you suffered injuries due to hazardous property conditions, attorneys at Zucker & Regev, P.C., can determine if you have grounds to file a premises liability claim. To discuss the details of your case, send us a message online or call our Brooklyn law firm at (718) 624-1211.
