person tripping on someone else's property

If you were injured while on another individual’s property, you could be entitled to file a lawsuit to recover damages for your injuries. Pursuant to New York Civil Practice and Rules Section 214, a personal injury lawsuit may be filed within three years. The three years are calculated beginning on the date of the accident, so do not hesitate to start considering legal action. If you wait too long, the window will be closed. Reach out to the knowledgeable and battle-tested attorneys at TonaLaw for a free consultation to determine your chances of winning compensation to help you recover from your injuries.

How is Responsibility for My Injury Determined?

If the injury was caused by a dangerous defect on another person’s property, the field of law involved is known as premises liability. The law of premises liability derives from general negligence law. To prove a personal injury case based on premises liability, TonaLaw’s attorney needs to prove four essential elements: (a) the owner of the property in question owed the injured party a duty to keep their property in a safe condition; (b) the owner of the property did not keep their property in a safe condition; (c) you were injured, and (d) the unsafe property condition was a direct cause of your injury. These rules apply with respect to most types of properties, whether residential or open for commercial purposes. 

Regardless of whether the property is a supermarket, store, or home, the property owner is required to exercise a reasonable amount of care to protect individuals on their property from unreasonable and foreseeable potential for harm. This duty upon landowners often demands that they perform inspections of their property to ensure that it is safe for individuals to be there. In some circumstances, the property owner can be liable for the results of a property defect even if they were not aware that the defect existed. In these cases, liability can be attributed to the property owner under the theory of constructive notice, which means that the individual should have known about the existence of the defect if they had performed a reasonable search for the issue. The court determines this by evaluating a number of factors including whether the defect is of a particularly dangerous nature, how long the issue existed, and the reason the individual was on the property amongst other considerations. 

Common Causes of Premises Liability Injuries

There are a number of common causes which account for many, but not all, types of premises liability accidents. For example, sidewalks can become very dangerous due to neglect and poor management. If an adjoining property owner fails to adequately shovel or clear ice off of the sidewalk, an innocent pedestrian could easily slip and fall. Tree roots can degrade the use of sidewalks in a variety of ways. Roots could lift certain sidewalk panels enough to cause someone to trip and fall to the ground, or the damage could entirely destroy the solid sidewalk panels creating a serious danger to anyone walking on them. While these incidents might seem fairly innocuous, falling onto a concrete slab can cause serious damage. 

Aside from sidewalks, there are other conditions within and without buildings that commonly cause injuries. The improper maintenance of stairs can lead to extremely dangerous circumstances. For example, individuals are often hurt due to missing or damaged handrails. Similarly, steps of uneven heights frequently hurt people who reasonably expect them to be of even distances. 

In the event that you are injured due to a defect on someone’s property, do not hesitate to immediately seek medical attention. It is common for injuries to take some time before becoming known. If you become aware of new pain or discomfort in the days following an accident, go see your primary care physician to begin a course of treatment. 

There is a complex legal framework that is used to determine who, if anyone, is liable for an injury caused by a damaged or ice-covered sidewalk. In certain circumstances, either the adjoining landowner or local municipality could be on the hook for compensating you for your injuries. No matter how you were injured, you should reach out to the attorneys at TonaLaw for a consultation to determine whether you will be able to win a monetary recovery for your accident.

Hire an Attorney that Specializes in Premises Liability Law

At TonaLaw, we understand the pain and difficulties our clients go through after they have been injured. Whether your injury is the result of another’s negligence or a workplace injury, we can help you recover medical costs, lost income, and most importantly, peace of mind. 

With over twenty years of experience, our office is familiar with the deceitful tactics insurance companies utilize so they can pay you less than you deserve. However, at TonaLaw, our clients know their attorney is working tirelessly to get them the settlement they deserve. 

For these reasons, you need a New York personal injury attorney who will ensure you receive compensation for your injuries. For legal services ranging from personal injury and no-fault collections to business litigation, call TonaLaw toll-free today at 1(833) TONALAW or text 1 (631) 780-5355. 

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