Premises liability can be a very difficult situation to figure out, even if it seems like the issue is cut and dry in the state of New York. There are quite a few different things that fall under this legal category, including slip-and-fall accidents, lack of repair, inadequate security, dangerous property conditions, hazardous conditions and much more. The question here is, can I file a premises liability claim against the government?
Premises liability claims come into play when a person is injured on another person or entity’s property. For example, the person tripped and fell on a cracked sidewalk, parking lot or other hazard that should not have been there. Most of these claims involve injuries because of the fall that occurred. If a person is injured on government property, their basis for a claim will fall under the New York state immunity laws.
Many states set statutes that limit the liability for defects on premises. This is done by establishing a low standard of care owed to visitors of government properties. There are even times when standards of care are created based on the defect at hand and whether or not the injured party had paid to use the government property in question.
There are times when a special defect can allow you to file a premises liability claim against the government. A special defect occurs when it brings danger to an ordinary user of a roadway, street or highway and does not necessarily have to have been caused or created by the government entity for that entity to be held liable.
Federal and state liability statutes have written notice requirements that make injured parties comply with prior to filing a lawsuit. This means that the injured party must notify the government entity of the injury.
If you have a possible premises liability case, an experienced attorney can answer all of your questions and guide you through the process of receiving compensation in such a case.
Source: FindLaw, “Premises Liability Claims Against the Government,” accessed June 23, 2017