Breaking Down Premises Liability
Anyone who has been injured on someone else’s property should have a basic understanding of what premises liability is. It pertains to the degree of liability that a property owner must assume if someone is injured on their property. This also extends to how the person was injured, the type of property (both public and private), and even the kind of injury. Premises liability applies to everything from dog bites to slip and falls to exposure to toxic chemicals.
The root of premises liability is the duty of someone to keep others safe on their property. To win a case, your attorney must prove negligence on behalf of the owner. New York uses the phrase “preponderance of the evidence” in conjunction with proving a premises liability.
That means the evidence submitted should be convincing enough to demonstrate that it was more than likely that the owner had the ability to act to prevent the accident.
What The Case Looks Like
Take the example of a dog bite. To prove the owner is liable for your injuries, your attorney must show how the owner had a duty to protect you. In other words, why were you on the premises? If the owner invited you into the home or had you over to do work, that would likely demonstrate that the owner had a duty to keep you free from risk—primarily from known hazards.
Did the owner have a dog that he knew to be dangerous? If so, what steps were taken to mitigate the risk? There was a known hazard, and despite it, the owner invited you into the home knowing that one existed.
You can take that example and apply it to slip and falls or any other type of injury. Another example is if you live in a burglarized apartment, does the owner bear any responsibility? It depends on the circumstances. But to get there, was the apartment in a high-crime neighborhood? Were there security cameras in place? Did the owner of the building hire security to keep the building safe?
Just like the dog bite, you had a reason to be in the apartment, there was a risk, and the question centers around what the owner did to mitigate the risk.
Silberstein, Awad & Miklos, P.C.
If you have suffered an injury on someone else’s property, contact Silberstein, Awad & Miklos, P.C. to schedule your free consultation. Trust attorneys who have experience building a personal injury case. Regardless of why you were hurt, accidents can add undue financial and mental stress to your life. Let us fight to make things right.