One of the essential concepts in premises liability law is the concept of the duty of care, which states that property owners have a legal obligation to keep their premises safe. When property owners fail to address a potential hazard, they have breached their duty of care and may be liable for a person’s injuries.
Defending Premises Liability Lawsuits
If you’re defending against a premises liability lawsuit, you must be prepared to prove that your security measures are adequate. This is especially true in the multi-family housing industry, which suffers from the highest number of claims related to inadequate security. As a property manager or landlord, you can help prevent the occurrence of liability claims by documenting your security measures.
Gathering Evidence to Prove You Were Not at Fault
The first step in proving liability is to prove the defendant’s duty to maintain their property in a safe condition. This means minimizing any risks to others. A premises liability lawyer will look at the standard of care the defendant provided in the case.
Gathering evidence is essential, so you should contact witnesses immediately after an accident. If possible, gather their contact information at the scene of the accident so your lawyer can contact them later. You should also consider retaining expert witnesses who can testify about what caused the accident, if the property owner was at fault, and how much of an injury you sustained.
The next step in proving negligence is gathering evidence to show that the defendant failed to take adequate steps to prevent the hazard. This can be done through witnesses’ testimony, physical evidence, and expert testimony. Medical bills are also vital evidence.
Statute of Limitations for Premises Liability Lawsuits in New York
There is a three-year statute of limitations for bringing a premises liability lawsuit in New York. However, this deadline may be shortened or extended depending on the facts of the case. Additionally, the statute of limitations may be shorter or longer for government entities. In the case of wrongful death, the statute of limitations is three years from the date of death or when the victim reaches the age of eighteen.
Several factors must be considered when bringing a premises liability lawsuit in New York. The first factor is the date of the accident. If the accident occurred in the past three years, the plaintiff might still have time to file a lawsuit. However, substantial evidence may be lost if the date is too late. Furthermore, witnesses might forget the details of the accident. Therefore, if an accident causes a loss or injury, it is vital to contact a premises liability lawyer as soon as possible.
Once a claim is filed, the plaintiff must prove that they were injured due to negligence or intentional misconduct on the defendant’s property. Evidence may include surveillance footage, witness interviews, and photographs taken at the scene of the accident. This evidence may help prove that the property owner knew or should have known about the hazardous condition at the time of the incident.
