Property owners in New York state have a responsibility to keep their premises in good repair and free from hazards. Should someone suffer an injury that’s triggered by a slick surface, cracked sidewalk, or other dangerous condition on the property, the victim may pursue a premises liability claim in order to recover compensation from the negligent property owner who failed to protect their safety. If you or someone you love has recently sustained an injury while lawfully on the property of someone else, here are a few things you should know about the process of filing a premises liability claim.
Understanding the Basics
When it comes to establishing whether someone was at fault for your injuries, there are three basic criteria that need to be met in order for the victim to proceed with filing a premises liability claim. First, you must be able to show that you were lawfully on the premises; for instance, you were invited into someone’s home, you were shopping at the market during the posted hours of operation, or you were walking along the sidewalk while obeying all pedestrian signs and signals. Next, it will need to be demonstrated that the property owner was negligent in addressing safety issues on their premises, either by failing to notice the obvious hazard, knowingly neglecting to repair it, or repairing it in an insufficient manner. Finally, you’ll need to establish a solid connection between the property owner’s negligence and your injury.
Steps to Take Following an Incident
As soon as you’ve suffered an injury, seek immediate medical attention if the condition is life-threatening or serious. Be sure to notify the property owner as soon as possible so that they are aware of the incident. For more minor injuries that may not require a hospital visit, you should still schedule a doctor appointment within a few days of the incident in order to determine whether you require treatment or medication. Additionally, the documentation from this visit will prove useful should you decide to pursue a premises liability claim later on. As you focus on your physical recovery, reach out to a knowledgeable personal injury attorney who can assess the details of your situation and advise you on how to proceed.
Holding Negligent Parties Accountable
Working with a trusted personal injury attorney is key to ensuring that you obtain the compensation you deserve. As your attorney works on building a successful case, they may consult a range of expert engineering experts who can attest to how the unsafe conditions led to your injury. No matter what the specifics of your situation may be, it’s essential to contact an attorney right away so that the process can begin as soon as possible.
To learn more about pursuing a premises liability claim in Westchester County, call Gash & Associates, P.C. at (914) 328-8800 today to schedule a free consultation with a skilled personal injury attorney.