What a plaintiff must prove in a premises liability case

On Behalf of | Dec 1, 2021 | personal injury

When someone fails to keep their property safe for use in New York and you fall and injure yourself because of it, you may have grounds for a premises liability case. Slip-and-fall incidents may lead to serious, potentially life-changing injuries. You may, too, find yourself facing hefty medical bills and other hardships in the aftermath.

According to the New York State Bar Association, the strength of your case is going to depend to some extent on your ability to prove specific things. The four things you may need to prove are as follows.

That there was a defective condition

First, you need to show that a particular defective condition on an owner’s property caused you to fall. Examples might include wet floors, potholes or cluttered aisles or stairways, among others.

That a certain party was responsible for the condition

The second thing you need to demonstrate in a premises liability case is that the party you file suit against is, in fact, the party responsible for the condition.

That the property owner knew about the condition

You also must show that the property owner either had knowledge of or should have had knowledge of the condition that caused your slip-and-fall injury.

That other professionals agree with you

You may not need to include the professional opinion of an engineer, architect or building code enforcer in all premises liability cases. However, sometimes, you may need to have one of these individuals speak with authority in the subject and back up your assertions.

Property owners owe you a certain duty of care, and if they fail to uphold it, they may face sanctions.