When someone suffers injuries while visiting a New York property, they may believe they are automatically entitled to compensation. This is not the case. The property owners’ liability depends on whether they were negligent or not. To prove this, the injured party may need to make a case against the property owner to show they are at fault.
According to the New York City Bar, a premises liability case may require that the victim prove the following:
- The owner knew or should have known about the unsafe conditions and did nothing about it.
- The injury suffered resulted specifically from the property owner’s negligence.
- The injured person was lawfully on the property, such as by invitation or for work.
In some states, even trespassers have property rights. This is not the case in New York. Generally speaking, if someone trespassed on private property and suffered injuries, the landlord might not be liable. The exception is if the landlord knows the individual, in which case, the person might be considered a guest. Another exception involves children and attractive reasons for trespassing, such as an accessible pool.
Slip, trip and fall accidents make up the bulk of premises liability cases. The New York City Bar recommends that people inform the owner immediately if they become injured. Note that if the injury occurred while trespassing, finding the owner’s information may take some time.
Seeking medical attention is also important, even if it only confirms that there are no serious injuries. Remember to document all steps taken and to keep all medical records. A small injury today may develop into something far more serious tomorrow.