What You Must Prove in a Premises Liability Case

When you fall in public or on someone’s New York property and that fall results in a serious injury, you may face steep medical bills and emotional hardships in the days that follow. If your fall occurred because the property owner exercised negligence in keeping the space safe for use, you may be considering whether you have grounds for a premises liability case.

Per the New York State Bar Association, the individual who controls a particular property has an obligation to exercise reasonable care in making sure the property is free from hazards. If you wish to prove that a property owner’s negligence is what caused your fall and injuries, prepare to do the following.

Show that a defective condition existed

The defective condition is what caused your fall in the first place. Common examples include cluttered aisles, wet floors and icy sidewalks. The more evidence you have to back up your claim, the better, so try to secure photos or videos of the condition.

Show that the property owner was responsible for the condition

You also need to show that the party you filed your claim against is responsible for property maintenance and eliminating the condition that caused your fall. Generally, you must prove that the individual or entity owned, occupied, controlled or had special use permission over the property.

Show that the owner created or knew about the condition

In some instances, you may be able to show how a property owner directly caused the hazard or condition that caused you to fall. Otherwise, you need to show that he or she was aware of the defective condition but failed to do anything to rectify it.