Victims injured on another’s property face many legal challenges when pursuing a recovery of their damages. Regardless of the type of accident that occurs and the unique circumstances inherent to your case you must be able to prove several essential legal elements. These elements will exist for all types of premises liability claims in New York City, including claims filed on the basis of any of the following:
Premises liability law requires premises owners to uphold a duty to keep guests free from preventable harm while on their property. As proving that a premises owner is responsible for your accident and liable for your damages is such a difficult and unique challenge during these claims, working with seasoned New York City premises liability attorneys is of the utmost importance.
Burden of Proof in Premises Liability Claims
Generally, victims injured on someone else’s property will need to prove that they suffered harm as the result of the owner’s negligence. An owner is negligent if they fail to uphold their duty to exercise reasonable care to keep guests and visitors safe from preventable harm. Under New York law, victims must prove their claim by a “preponderance of the evidence.” Simply put, this means you must demonstrate that the premises owner was “more likely than not” responsible for causing your injury.
At Hecht, Kleeger & Damashek, we are prepared to clearly present all critical components of your claim to ensure that you recover full and fair compensation from an at-fault premises owner. While cases will vary depending on the unique facts and circumstances at hand, our firm generally focuses on specific points when establishing proof of the essential elements.
What elements exist in a premises liability case?
Premises owners will be held liable for victims’ damages under premises liability law if (1) an owner owed a legal duty to a victim and (2) they breached this duty. In order to establish these two main elements, you must prove the following:
Once these legal elements have been established, our firm will work to demonstrate the extent of your damages and fight for a full and fair recovery. Compensation may include your past and future medical expenses, lost work wages and future earnings, emotional damages, and other relevant losses resulting from your injury. If and when premises owners dispute claims or defend themselves by alleging that you can be held entirely or partially at fault for causing an accident, our attorneys are prepared to fight aggressively on your behalf.
If you would like to learning more about the elements of a NYC premises liability claim – or if you wish to discuss your case with a member of our legal team – contact a New York City personal injury lawyer from Hecht, Kleeger & Damashek today.