November 9, 2021

Proving Premises Liability in New York City

By Jonathan Damashek

Posted in

Injuries that occur on someone else’s property can be challenging to navigate. However, you should not foot the bill for damages that you did not cause.

You have various options for recovering financially after a premises liability injury. But, the property owner or business will be trying to diminish your injury and claim they did nothing wrong.

The first step to securing what you need in a premise liability claim is to prove who is responsible for the accident.

Premises Liability Accidents

Premises liability accidents are any unfortunate incident caused by the failure of a person or entity to maintain the safe and hazard-free property.

Here are some common premises liability examples in New York City:

New York City Premises Liability Law

Property owners must maintain their property so that guests are not harmed while on their property. However, there are some exceptions to their liability.

For example, if a property owner had no reason to know that there was a dangerous situation on their property, they may not be held responsible.

Proving Premises Liability in New York City

The injury victim has the burden of proof to show that they suffered harm due to the property owner’s negligence. Negligence is a legal term indicating that the property owner had a legal duty and failed to uphold that duty, resulting in injuries and financial damages.

Under New York law, victims must prove their claim by a “preponderance of the evidence.” Simply put, that means you must demonstrate that the premises owner was “more likely than not” responsible for causing your injury.

Elements of a Premises Liability Claim

You must prove the following:

  • The defendant owned or possessed the property
  • You were on the property lawfully
  • Hazardous conditions existed
  • The premises owner was negligent in dealing with the hazardous conditions
  • The premises owner did not take reasonable steps to prevent or rectify the dangerous conditions
  • The premises owner failed to warn guests about the potential hazard
  • The negligence of the premises owner caused your injury
  • You suffered harm as a result

Contact an Injury Lawyer for Help

New York City premises liability laws can be complex, and it can be hard to establish every element. Your best option is to discuss your situation with an experienced personal injury lawyer who can explain the law and your odds of success.

If you or a loved one has been injured on someone else’s property, contact the NYC premises liability lawyers at Hecht, Kleeger & Damashek P.C.

Call 212-490-5700 or use our contact form for a free, no-obligation consultation.