What Are The Top Misconceptions About Premises Liability Cases?
The top misconceptions, as far as premises liability cases are concerned, is that if someone simply gets hurt on someone else’s property that the property owner is automatically liable; that is really not the case. You have to show other elements to make sure that the liability attaches to that landowner. If someone goes into a supermarket and they fall and get injured, just because they fell and got injured at the supermarket does not automatically make the supermarket liable. There are other elements such as notice that you have to prove to show that the supermarket was negligent for liability to attach in that kind of a case.
What Are The Duties Of A Property Owner?
The duties of a property owner, whether it be a homeowner or someone that owns an empty lot or someone that runs a business, is pretty much the same in New York. It is that they need to maintain the property in a reasonably safe condition. That means reasonable removal of snow and ice, reasonable repairs of the chipped sidewalk or chipped steps, reasonable maintenance of handrails on steps, and things of that nature. You want to make sure that the property owner has done everything reasonably, the reasonable steps to make the property safe.
What Is The First Thing I Need To Do When I Have Been Injured In A Premises Liability Case?
The first thing any injured person should do in a premises liability case is to contact a lawyer such as myself to see if they have a case. Once I get involved, it is very important to immediately have an investigator go to the site and typically take pictures and take measurements of the defects of the condition. If it is a snow and ice condition, obviously that condition will change once it gets a little bit warmer and the snow and ice melt. If it is a pothole situation where there is a defect in a parking lot or a sidewalk, you want to make sure you get measurements and take pictures of that defect before the landowner comes in and repairs that defect and then you have no evidence of the negligence. It is very important to move forward quickly on these types of cases.
How Long Do I Have To File A Premises Liability Claim?
In New York, the statute of limitations for an injury case is three years. If someone is hurt on January 1st, they have three years from that date to file an action against the landowner or negligent party to seek recovery for their injuries.
How Long Might It Take To Resolve My Premises Liability Case?
How long it can take to resolve a premises liability case can vary greatly from a few months to several years. It depends on the complexity of the liability and the extent of the injuries that were sustained and the treatment that the client undertakes. Sometimes cases get held because someone is still seeking medical treatment. For instance, if someone has a slip and fall and they just have a fracture then it might take six weeks to resolve. But if someone has a slip and fall and they have a more substantial of a fracture, then they may need a surgery and physical therapy and maybe then they need scar revisions from a surgical site.
Why Do I Need To Hire A Lawyer For A Premises Liability Claim Or Case?
Typically, it is very difficult to handle a premises liability case, what’s called pro se, on your own without a lawyer and this is why you need to hire one. If it is a store or some other kind of commercial establishment, typically they will have insurance and those insurance adjusters and those defendant attorneys will really try to take advantage of the plaintiff in those cases if they are not represented. There are also a number of complex and very technical aspects to a personal injury case. It could be the timeframe to remove snow and ice, repairs of sidewalks and steps and how they were repaired, and it could be a complex design type issue. These are all complex things that a typical pro se plaintiff would not really have the knowledge to handle on their own.
Additional Information On Premises Liability Claims In New York
In terms of additional information on premises liability claims in New York, someone should really contact an attorney or me as soon as possible after they sustained an injury in this kind of a case. It is very important to do the investigation as soon as possible after the injury occurs. I like to get involved in someone’s claim as soon as possible, even if it turns out that they do not have a case at all. The investigation in these kinds of cases is key.
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