A property owner has a duty to keep his or her space clear and free from hazards. When this does not happen and you fall and hurt yourself as a result, you may have legal recourse. To be successful in making a premises liability claim in New York, you must be able to demonstrate how certain conditions were present. The more you understand about what you must prove, the better your chances of a favorable outcome.
According to the New York State Bar Association, you typically need to prove the following to find success in a premises liability case.
That a defective condition existed
Did you suffer a fall because of an unfilled pothole, or because a homeowner accumulated junk or debris on the sidewalk out front? If so, these and similar scenarios may constitute a defective condition.
That the property owner was responsible for the condition
Next, you have to show how the property owner was responsible for the defective condition that caused your fall. This might involve proving ownership, occupancy or control over the property in question.
That the property owner knew about the hazard
You may be able to show how a property owner created the hazard that caused your slip-and-fall accident. Otherwise, plan on having to prove that the owner had knowledge of the condition, but neglected to take care of it.
That others agree with your assertions
If your fall occurred in a public or municipal area, you may need to have structural engineers or others with knowledge about sidewalks, public parking lots and similar areas argue on your behalf.
Find more about proving responsibility for a fall on our website, and give us a call if you still have questions.