If you are on someone else’s property lawfully and you get injured due to the property owner’s negligence, the owner is liable for the injuries you incurred. This is what’s known as ‘premises liability’. Many types of injuries fall under this umbrella, because any unsafe condition can result in slips, falls, cuts, broken bones, etc.
New York Premises Liability Case
If you incur an injury on someone else’s property due to an unsafe condition, under New York premises liability laws, you must prove that you were on the property lawfully. In other words, you had every right to be there; you were either invited by the owner or hired to do work there. You must also prove that the owner is guilty of negligence, meaning they knew about the unsafe condition and chose not to remedy it. If the owner fixed the unsafe condition after your accident, you must prove it was not fixed or that the area was not marked as unsafe. You must prove that the owner’s negligence caused your injury.
Trespassing and New York Premises Liability Laws
If you are not lawfully on a property, like if you are trespassing without the owner’s knowledge or permission, the owner is not liable for any injury you incur while on their property. Even if the owner was aware of the unsafe condition on their property, if you trespassed, the owner has no obligation to any duty of care. There are, however, a couple exceptions to this.
First, if the property owner is aware of a trespasser’s presence on their property and has consented to that presence, the owner now owes them a duty of care, just like they would for any property guest.
The second exception is known as ‘Children and Attractive Nuisance’. If a property has an unsafe condition that is an obvious attraction to children, such as a dilapidated tree house, and a child is injured by that condition, the owner is liable, even if the child is an unknown trespasser.
If you are a guest or working on a property with unsafe conditions that cause you injury, you should notify the property owner as soon as possible. You should also seek medical attention and have any injuries documented by a medical professional. You can only sue within a certain time frame, so contact premises liability lawyers in New York to guide you through the process.