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Simply put, premises liability is the legal term for the responsibility for an injury on someone else’s property. Under premises liability laws, you have a right to seek payment from the owner or manager of a property if you suffer an injury in the owner or manager’s house, business or land. All you must do to bring a successful premises liability claim in the state of New York is to present evidence that it is more likely than not that the property owner or manager owed you a duty of care, breached this duty and you suffered physical or economic injuries as a result of this breach. If you have sustained injuries as a result of a property owner or manager’s negligence and need to be fully apprised of your rights and responsibilities, please read on, then contact an experienced New York City premises liability attorney to learn what you must prove in a valid premises liability claim in New York.

How do you prove a premises liability claim in New York?

Proving liability in a negligence case involves the following four steps:

  • Proving the existence of a duty, i.e. harm must be “reasonably foreseeable” as a result of the defendant’s conduct; a relationship of “proximity” must exist between plaintiff and defendant, etc.
  • Proving a breach of that duty, i.e. the breach of duty occurred either by negligence or intentionally
  • Proving the breach of duty caused an injury, i.e. directly linking your injuries with the defendant’s conduct
  • Proving damages naturally flowing from the injury

How long do you have to prove your premises liability claim in New York?

Generally, you have three years, from the date of the incident, to file a premises liability claim per New York Civil Practice Law and Rules. However, the specific facts of your case may change this deadline.

What can a New York City personal injury attorney do for you?

Reaching out to a skilled New York City personal injury attorney to discuss your rights and responsibilities can make all the difference in the success or failure of your claim. A seasoned legal professional will provide guidance and help you acquire the evidence needed to prove your premises liability claim. Do not suffer in silence. Let us fight for you and your future. Give us a call today.

Contact Our New York City Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.

$3,250,000

Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.

$3,000,000

Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.

$1,415,000

Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

$995,000

Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.

$850,000

Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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