A Guide on How to File a Lawsuit for Premises Liability in New York

In New York, those injured on another person's property due to unsafe conditions may have the right to file a premises liability claim to recover compensation for their damages. 

Under state laws, property owners and occupiers are legally required to protect visitors. That means their premises should be safe from hazardous conditions. If they breach this duty, and someone is harmed as a result, victims can take legal action to hold them accountable for their negligence. 

What steps should injured people take in these cases? Below is more information about the process of filing a premises liability lawsuit in New York.

Step 1: Understand the Legal Grounds for a Lawsuit

If they're planning to file premises liability claims, victims should prove that property owners were negligent and establish fault through the following elements:

Duty of Care

The property owner owed a legal duty of care to the injured person. This responsibility varies depending on the visitor's classification. 

For instance, a property owner owes the highest duty of care to invited guests, such as customers in a store. It's followed by licensees or social guests and then by trespassers.

Breach of Duty

The property owner failed to maintain a reasonably safe environment or warn visitors of potential hazards, which means they breached their duty of care. 

Some examples that may be considered as a breach of duty include the following: 

• Neglecting to repair broken stairs

• Failing to remove ice or snow from walkways

• Inadequate lighting in common areas

Causation

The property owner's breach of duty was the direct cause of the visitor's injuries. This element is so important but difficult to establish. 

There must be a clear connection between the unsafe condition and the accident. Victims need to prove this in order to win a premises liability case and recover compensation.

Damages

The visitor incurred compensable damages because of their injuries.

Such damages could include costs or losses, such as: 

• Medical expenses

• Lost wages

• Affected earning capacity

• Pain and suffering

• Property damage

Step 2: Collect Evidence

To build a strong case, people who get injured on someone else's property need to gather as much evidence as possible. 

These pieces of evidence can be used to support the claim's elements and may include the following:

• Accident report: If possible, victims should get a copy of the accident report filed with the property owner or manager. This document can serve as a record of the incident's details, date, and location.

• Medical records: These documents include detailed information about the injuries and course of treatment. Victims should gather all medical bills, doctor's reports, diagnostic test results (X-rays, MRIs), and any ongoing medical needs related to their wounds or physical condition.

• Photographs: Injured people should also photograph the accident scene, capturing the hazardous condition that caused the injury, if possible.

• Witness statements: If anyone witnessed the accident, victims should try to obtain written statements from them. Their accounts can corroborate the events and strengthen the claim.

• Security camera footage: If there were security cameras at the accident location, injured individuals should request footage from the property owner or relevant authorities and use this material as evidence for their case. 

• Maintenance records: If available, affected parties should try to obtain any maintenance records related to the hazardous condition to demonstrate the property owner knew about the issue but failed to address it.

Step 3: Consult with a New York Premises Liability Lawyer

Premises liability lawsuits can be complex. That's why most plaintiffs need legal representation. 

Fortunately, an experienced New York premises liability lawyer can guide them through the legal process and:

• Conduct a thorough investigation: A lawyer will investigate the accident scene, gather evidence, identify potentially liable parties, and analyze the legal aspects pertaining to the case.

• Provide legal counsel: Premises liability laws can be intricate. An attorney will ensure the victim's claim complies with all the state's legal requirements and maximize their chances of success.

• Handle negotiations with insurance companies: Property owners typically have insurance coverage. A seasoned lawyer can handle negotiations with insurance companies to secure a fair settlement that covers their damages.

• Represent victims in court: If a case goes to trial, attorneys can represent injured parties in court and present their cases to the judge and jury.

Step 4: File a Lawsuit

Once injured parties have gathered evidence and consulted with a premises liability lawyer, the next step is to file a lawsuit against the property owner.

Experienced New York premises liability attorneys will handle the legal paperwork and ensure every document is filed correctly with the appropriate court as well as explain how to file a lawsuit for workers compensation in New York.

Step 5: Go Through the Discovery Process

After filing the lawsuit, both plaintiffs and defendants enter a discovery phase. This process involves exchanging information and evidence with the opposing party. 

The evidence both parties exchange may include the following:

• Written interrogatories

• Requests for sharing relevant documents

• Depositions

Step 6: Start Negotiations for a Settlement

Many premises liability cases are settled before trial. During this stage, victims' lawyers will negotiate with the insurance company representing the property owner to reach a fair settlement that compensates injured parties for their damages.

Step 7: Go to Trial 

A New York premises liability attorney will present evidence and arguments to the judge or jury to prove the victim's claim and the extent of their damages. 

The defendant will have the opportunity to present their defense, too. After considering all evidence and arguments, the judge or jury will issue a verdict, determining liability and awarding damages if applicable.

Step 8: Post-Trial Process

After a verdict or settlement, there may be additional steps depending on the situation:

• Collecting damages: If awarded damages, the victim's premises liability lawyer will collect the funds from the liable party or their insurance company.

• Medical liens: If medical bills were paid by a health insurance provider, they may have a lien on the victim's settlement. This is their opportunity to recoup their costs. Lawyers can help plaintiffs navigate this process.

Timeline Considerations: How Long Will the Process Last?

The timeframe for a premises liability lawsuit can vary significantly depending on the complexity of the case, the discovery process, and negotiations. 

It's important for victims to consult with an injury lawyer on Long Island to understand the expected timeline for their specific case.

New York Statute of Limitations

In New York, there's a strict time limit to file a premises liability lawsuit. The statute of limitations is generally three years from the date of the accident. 

If victims fail to file within this timeframe, they can lose the right to sue.

Final Thoughts: Getting Compensation for Premises Liability Injuries

New York property owners and occupiers must protect visitors. Failure to live up to this duty can disrupt innocent people's lives and leave them with huge expenses and painful wounds.

However, people injured in a premises liability accident have the legal right to seek compensation through a lawsuit.

At The Law Office of Carl Maltese, we have a legal team with extensive experience in these cases. Our New York premises liability lawyers are ready to provide the legal counsel victims need. Contact us today and request a free consultation!