Severe injuries can occur as a result of an accident due to a dangerous condition located on another’s property. A premises liability case may seem pretty straightforward but it requires a fact-specific argument to prove the necessary elements. A Smithtown premises liability lawyer understands what is needed to show a property owner’s negligence and could help analyze your specific case. A knowledgeable personal injury attorney only receives payment if you make an economic recovery, so you have nothing to lose by asking for help.
Common Types of Premises Liability Cases
Premises liability claims in Smithtown relate to a property owner’s duty to prevent harm to others on their property. The types of incidents that are most often brought as premises liability cases include:
Slip/trip and falls
Dog attacks and bites
Electrocutions and burns
Toxic exposure
Negligent security
A Smithtown property negligence attorney could more effectively present a case for compensation due to a property owner’s failure to uphold their duty of care.
What Are the Elements of Premises Liability?
An injured party must prove all of the necessary elements to establish liability in a premises liability case. Simply showing that a person fell and sustained an injury on the property of another may not be enough in every situation. A lawyer must establish the duty of care, the negligence that occurred, and the compensable injuries that resulted.
Duty of Care
The injured party must be a person to whom the property owner owed a duty of care to. They must have been lawfully permitted on the property at the time of the accident. If the injured person was not lawfully permitted on the property, then they must show that the property owner knew there was a trespasser on the property.
Negligence by the Property Owner
The property owner owes a duty to keep the property in a reasonably safe condition and free from foreseeable dangerous conditions.
An owner can be found negligent in maintaining the property by failing to repair a dangerous condition if the owner knew about the condition or should have known about it. Additionally, failing to warn an injured party about the dangerous condition can also constitute negligence. However, the owner may not be negligent for failing to warn or protect against conditions that are open or obvious.
Injuries and Damages
The final element for proving a premises liability claim is that the property owner’s negligence resulted in the injury. This element may seem like it is easy to show; however, the cause of a fall is often one of the most contested parts of a premises liability case. If the trauma of the fall is so severe that it caused an injured spine, the victim may need the help of a Smithtown spinal cord injury lawyer to get the compensation they deserve.
A skilled attorney in Smithtown could prove the necessary elements for premises liability and help determine whether a property owner’s actions or inactions may constitute negligence.
Proving Knowledge of the Dangerous Condition
Proving that the landowner knew about the dangerous condition before any accident occurred can be difficult to prove. The requisite knowledge can be established through either actual knowledge or constructive knowledge. Actual knowledge often means the owner openly admitting to prior knowledge of the dangerous condition.
Constructive knowledge can be established by showing that the owner should have known about the dangerous condition prior to any accident. Proving knowledge can be problematic due to the rule against hearsay which can prevent certain out-of-court statements from being used as evidence (Guide to NY Evid. Rule 8.01). A premises liability attorney in Smithtown could evaluate the case to determine whether the facts show that the property owner may have had prior knowledge.
Learn How a Smithtown Premises Liability Lawyer Could Help
Sustaining an injury on another person’s property can create several problems in your life, including the added headache of having to prove your case. Having a Long Island slip and fall lawyer by your side throughout the process could ease the burden while you focus on putting your life back together. Call today for an evaluation of your case.
For other cases such as those involving a pedestrian accident, we have an experienced pedestrian accident lawyer in Smithtown to provide legal aid.