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What elements must I prove to file a premises liability claim?

On Behalf of | Aug 6, 2021 | Injuries |

The architecture and design of many older New York apartments may be aesthetically pleasing from a historical perspective, but the fact is that many of these premises are poorly maintained. This lack of maintenance can cause injuries to residents who may trip on a broken step, trip over a tear in the carpet or slip and fall on uncovered or broken storm drains. If so, the injured party may be able to pursue a premises liability claim against the property owner.

Elements of a premises liability claim

There are several elements that must be met in order to have a valid premises liability claim. If you are injured due to unsafe conditions in an apartment complex you must be able to demonstrate you were lawfully on the property.

You also must be able to show that the property owner negligently dealt with the unsafe condition that caused your injury. This means that the property owner knew or should have known about the dangerous condition and either did not repair it or repaired it in a way that did not remedy the danger or made the danger worse, warn of the dangerous condition or rope off the area surrounding the dangerous condition.

Finally, you need to be able to show that the property owner’s negligence caused your injury. That is, but for the dangerous property condition you would not have been injured.

What to do if you are injured on another’s property

If you are injured in a common area in your apartment complex or on another’s property in New York there are some steps you can take. First, let the property owner know of your injury as soon as possible. Seek medical help and keep any documentation of the medical expenses you incurred due to the injury. Finally, seek legal assistance. You have a limited amount of time to file a premises liability claim. Claims that are too old cannot be acted upon.

Premises liability claim in New York

Suffering an injury due to poorly maintained premises can be physically, emotionally and financially damaging. It is important to seek the compensation you deserve. Our firm’s webpage on premises liability in New York may be of interest to those who want to learn more about their rights and options.