August 17, 2022

Filing a premises liability claim in NY: Don’t miss these details

You have suffered a serious injury on someone else’s premises and now need to get immediate medical attention. As you focus on your recovery, you need to consider whether you can hold the property owner/manager/occupant responsible for your condition. Top firms like the law offices of King Law can help you determine whether you have a premises liability claim, and it doesn’t cost anything to consult an attorney for your case. Here are some more important details that you need to know about. 

Don’t delay in taking action

Like other states, New York also has a statute of limitations, which sets a deadline for filing injury claims. Your premises liability case is also a type of personal injury claim, and you need to take action within three years from the date of the accident. If you are filing a wrongful death lawsuit after losing a loved one in a freak premise accident, you need to initiate the proceedings within two years from the date of the person’s death. 

Evidence you may need

No matter whether you have a premises liability claim or any other type of accident case, you need to present proof in support of your case. In other words, the burden of proof is on you, not the authorities. For premises liability cases, you need evidence like – 

  1. Your medical records, including your doctor’s testimony that states that you were injured and are under their care. 
  2. Images of the scene. If you managed to take pictures of the scene after the accident, you could present that as evidence for your case. You can also return to the accident scene to see if you can gather info. Sometimes, the property is under surveillance, and CCTV footage can offer more details. 
  3. Witness statements. Like in the case of car accidents, witnesses also matter for premises liability claims. If there were people who saw the accident happen, you or your attorney can contact them for testimonies. 
  4. Other types of evidence. For instance, if the accused had faced similar complaints in the past, your lawyer could use that to prove that they didn’t take adequate precautions despite knowing about the hazard. 
  5. Expert opinions and testimonials. Because premises liability cases are often so complicated, lawyers often rely on accident reconstruction experts for testimonies.

Now that you know the basics, get an attorney on board and ask them about the worth of your premises liability claim. 

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