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How to Prove Your Premises Liability Lawsuit

Posted by NY Legal News | May 11, 2022 | 0 Comments

When fall injuries lead to costly medical bills and lost wages, many people find themselves financially drained. The other option is to file a premises liability lawsuit against the property owner for compensation. However, the possibility of this depends on whether negligence and certain factors can be proven. Feel free to ask a New York City premises liability accident lawyer for guidance if you have questions.

What to Prove in a Premises Liability Claim

A successful premises liability claim requires certain factors to be proven. The most important factors to prove are the existence of a defective condition and property owner negligence. Without these, the premises liability claim could come to a stop.

Defective conditions are defined as unsafe conditions on the property. However, they vary widely, leaving some room for interpretation. The most common defective conditions involved with premises liability lawsuits are:

  • Loose cables across the floor
    How to Prove Your Premises Liability Lawsuit
  • Liquids on the floor
  • Unlevel footing
  • Ice
  • Objects left in the middle of walking areas

Not all defective conditions will be considered negligent. A defective condition can be ruled out if the condition is deemed trivial. These trivial conditions are considered too minor to be taken seriously as a cause of the accident. Obvious conditions like wet floors with no signs are more commonly accepted as serious defects.

The next most important factor to prove is property owner negligence. It must be proven that the property owner should have known or did know about the defective condition. For example, a property owner who leaves loose wires across a hallway should know this could cause someone to trip.

Exceptions might be made when the property owner took steps to reduce the chances of a fall. Putting up warning signs and taping down wires are some examples. This may reduce liability for the property owner.

How Much Compensation Could I Receive for Premises Liability?

Many people wonder how much they will be compensated with a premises liability claim. This is what is often used to determine whether pursuing a lawsuit is worth the effort. There are two main types of compensatory damages associated with premises liability claims.

Economic damages are easily measured sums of money that were lost due to the accident. These include medical bills and lost wages. Non-economic damages are harder to measure because they include the psychological harm caused by the injury. Some examples include pain and suffering, emotional distress, and loss of enjoyment.

Try contacting a New York City personal injury lawyer if you have any questions about your slip and fall accident. An experienced lawyer can help you collect evidence and defend your claim.

New York City Premises Liability Accident Attorney

Slip and fall injuries can lead to expensive medical costs. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York personal injury lawyer for a free consultation today. Our Bronx attorneys might be able to help you attain compensation for medical bills, pain and suffering, and lost wages. We can be found throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

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