What You Have To Prove In A Premises Liability Case

When you fall and hurt yourself because of someone else’s negligence, you may look to the responsible party for help paying medical bills and related care costs. If you decide to file a claim against the person or business responsible for your slip-and-fall accident in New York, there are certain things you must prove for your claim to be successful.

What is it that you must prove when filing a premises liability claim in New York?

That a defective condition existed

The first step in filing a successful premises liability claim involves showing that a defective condition existed. Defective conditions might include anything from icy sidewalks and potholes in parking lots to water or debris on the floor where it should not be.

That a particular party was responsible for the condition

Next, you need to show that the person or entity you filed a claim against is responsible for the condition that caused your fall. For example, maybe a business was responsible for parking lot maintenance, but it failed to maintain a safe environment.

That the responsible party was aware of the condition

You also need to show that the party responsible for the condition that resulted in your fall was aware of the defective condition, or should have been aware of the condition.

That experts agree

Finally, plan on enlisting the help of experts, such as structural engineers, to argue your side. Having an expert back up your claim tends to strengthen your premises liability case.

Property owners have a duty of care to maintain a safe environment. If someone fails to do so, you may be able to hold him or her accountable for your injury-related expenses.