Slips and falls are probably more common than most people think. Of course, not all of these incidents result in serious injuries—but some do. And when that happens, injured New York residents should think, is this someone else’s fault?
If the probable answer to that question is “yes,” you may have a valid premises liability claim. “Premises liability” is the legal term for the area of personal injury law that covers injuries that occur due to a property condition, in general. To prove every element of this type of claim, your facts must fit the law in New York.
Proving a claim
So, how do you prove a premises liability claim? Well, for starters, most cases require that you were on the other person’s property legally—like, for example, if you were hired to work on the property or if you were an invited guest. There are certain exceptions for trespassing. From there, many cases involve proving that the property owner was aware of the dangerous property condition and did little or nothing about it. For example, if: 1) the handrail on a staircase was wobbly or in a state of ill repair; 2) you relied on that rail for stability when climbing the stairs; 3) the rail gave way while you used it, resulting in a fall that injured you; and 4) the property owner had known about the issue and had not fixed it—you might have a valid premises liability claim.
As always with personal injury cases, you must also prove your damages. If the incident resulted in serious injuries, this might be accomplished by showing medical bills, for example, and by showing the amount of lost wages you had by missing work due to the injury. In any personal injury lawsuit, the burden is on the injured party to prove every element of the case.
