Whether it’s your favorite store or a popular public attraction, you have a certain expectation of safety. After all, you’re not making the trip only to end up sustaining an injury. You can do this at home. Unfortunately, not all property owners prioritize keeping up with routine maintenance.
Even putting up a caution sign is too much of an effort. If you’re injured on someone else’s property you’re going to need to know the essential steps in a NY premises liability claim.
What Is a NY Premises Liability Claim?
A premises liability claim is probably precisely what you think it is. New York legally requires all property owners and managers to keep their premises reasonably safe for all visitors, guests, and tenants. The term reasonable can be a tad confusing. After what you consider reasonable may be considered a little abnormal by someone else. How the law defines reasonable behavior is by looking at the average actions of others.
For example, most people will clean up spilled liquid while an unreasonable individual will leave it there waiting for someone to slip and fall. Along with leaving floors slippery and wet without setting up caution signs, some other examples of conditions that can lead to a premises liability claim can include the following:
- Broken or poorly maintained stairs and handrails
- Inadequate lighting in hallways or parking lots
- Ceiling collapses
- Defects in sidewalks, driveways, and parking lots with abutting properties
Before you can file a premises liability claim, you must prove the property owner/manager either knew or should’ve known about the hazard. From there, you also need to show the property owner failed to resolve the issue and this is the cause of your injuries. If you can prove the property owner or manager is negligent, you can usually move on to filing a premises liability claim.
Key Steps For Filing a Premises Liability Claim in New York
Filing a premises liability claim takes a little more than simply stating the property owner’s negligence is the reason you’re dealing with injuries. There are a few key steps you’re going to need to follow if you want your claim to move smoothly through the legal process.
Report the Accident
A huge mistake that usually derails any premises liability claim is not reporting the accident to the property owner or manager. Sure, calling the authorities is another possibility and it may even be necessary.
For example, your injuries are severe enough to justify an ambulatory ride to the emergency room. Alerting the authorities also gives you an official accident report. This can come in handy when it’s time to prove the accident occurred on the premises. However, don’t forget about notifying the property owner/manager.
Your report should include the time, date, and location of your accident, along with a few details about the hazardous condition.
Document the Accident Scene
If your injuries are serious like a bang to the head or a broken bone, don’t worry about playing amateur detective. Your health should always be a priority. You can deal with gathering evidence after taking care of your injuries.
With that being said, if possible try to document the area. The camera app on your smartphone is going to come in handy. Use it to take pictures of the hazards and lack of warning signs. If your injuries are visible and minor, take a few pictures to add to your medical records.
Talk to the property owner about any surveillance footage. Most public places including multi-family complexes have security systems. The video can help support your premises liability claim and your attorney can subpoena the footage. If anyone witnessed your accident, get their contact information. However, don’t discuss any details about your accident. The defendant’s insurance adjuster is also going to interview the same witnesses and you don’t want anything you say to be used to try and reduce your claim’s value.
Get Medical Attention
Your injuries may seem minor but you could have hidden problems. Some injuries take a few days or even weeks before signs and symptoms start popping up. Making an appointment with a physician not only helps protect your health, but it’s also a necessary step in the claim process. You’re going to need to supply your medical records if your premises liability claim lists injuries.
Dealing with Pure Comparative Negligence
New York is one of a handful of states following pure comparative negligence guidelines. Yep, this insurance rule can play havoc with your premises liability claim. Pure comparative negligence means more than one individual, including yourself, can be responsible for causing the same accident.
As long as you’re not more than 99% liable you should be able to file an accident claim. However, your potential compensation is going to be reduced by your percentage of fault. Here’s a quick example of pure comparative negligence in a premises liability claim.
The property owner doesn’t clean up a spill on the floor but places a warning sign. You miss seeing the caution sign and slip on the wet floor breaking your leg. Since the property owner placed a hazard sign, they’re only partially responsible for your accident. Since you essentially ignored the warning, you’re also liable for your damages.
Who decides fault in a premises liability claim typically depends on how the incident is reported. If you alert the authorities, they typically take care of assigning blame. Otherwise, it’s usually up to the insurance adjusters. Yes, you can contest your percentage of fault. Your personal injury attorney can file an appeal in civil court. This doesn’t guarantee your percentage of fault is going to be reduced, but it’s usually worth a shot.
Simplifying Your Premises Liability Claim
Recovering compensation in a premises liability claim isn’t always easy. From proving negligence to handling pure comparative negligence standards, your premises liability attorney can help you navigate the legal process. If an appeal is necessary, you know to fight your assigned percentage of fault your attorney can help with this.
