Learning about negligence, the elements that could be a part of inaction and what information to gather may make it easier to understand premises liability.
Property owners in New York City may be liable when someone gets hurt on their property. This responsibility is often called premises liability. However, a homeowner may not be responsible for every accident that takes place on his or her property.
Typically, if a landholder is going to be held liable for injuries procured on his or her property, there has to be some form of negligence. For example, the person has to be able to show that the owner knew that he or she was on the property. This could mean that the person was invited to or hired for the property, but it may also means that the landlord was aware of a trespasser. Additionally, the victim would need to show that the manager or owner should have been aware of the dangerous environment, or was aware of it, but failed to take corrective action.
Looking at elements of negligence
What exactly are the elements that could label an owner inattentive? Certain inactions could lead to liability, such as the following:
- A dangerous obstacle, such as a hole, loose rail or uneven sidewalk, is known about, but nothing is done to fix the issue in a reasonable time frame.
- The application of water, wax or polish to a floor makes it extremely slippery, but no effort is made to warn others about the danger.
- The landlord had a building or railing fixed, but the construction was of a low quality and the mistake was not rectified.
- A neighbor complained of dangerous actions of a tenant, but before the landlord remedied the situation, the tenant attacked the neighbor.
- A trespasser on the property attacks and injures a resident or invited guest due to lack of security measures.
- If a property holder does not clear snow or prevent ice, he or she may be liable for anyone who gets hurt due to the slick conditions.
The homeowner may not always be liable for injuries that take place on his or her property. For example, the owner will not be held liable for someone who was trespassing and got hurt Likewise, in most cases, an owner will not be held liable for injuries on public sidewalks.
Getting information together
After an accident takes place, the injured person has to gather the right type of material for his or her premises liability claim. The injured victim should gather data that documents the unsafe conditions that caused the injury. For example, if he or she sent emails or letters to the landlord complaining about an unsafe obstacle, those documents may help prove that the owner knew about the issue. If the victim has pictures, those may also be helpful during his or her case.
When New York property owners do not take proper care of their land or building, they may be liable for any injuries that take place due to their negligence. Working with an attorney familiar with these types of cases may make it easier for the injured party to receive some sort of compensation.