What To Do If You Were Hurt on Someone Else’s Property in New York?

Accidents happen every day. Sometimes, they are caused by our own inattentiveness. Other times, another person’s negligence is to blame. Typically, when you enter someone else’s property, they must make it safe for you. If you get hurt on someone else’s property, you could hold the property owner liable for your injuries, depending on the circumstances. Premises liability laws hold property owners accountable when guests and visitors are injured on their property. People often disregard these kinds of cases as non-serious, scoffing at the idea of a “slip-and-fall” accident. However, these cases can be very serious, with plaintiffs suffering serious harm.

If you were hurt while on someone else’s property, you could file a personal injury lawsuit against the property owner to recover damages. The nature of premises liability laws will differ depending on the plaintiff’s relationship with the defendant. While property owners typically owe a duty of care to invited guests, they owe no such duty to trespassers. Typical premises liability cases include accidents like slip-and-falls, dog bites, fires, accidents on stairs, or accidents involving machinery. Talk with our New York City attorney for deaths caused by residential house fires for more information.

If you were a guest on someone else’s property, either as a social guest or a patron of a business, and you were harmed in an accident, you could sue the property owner for your injuries. Our New York City premises liability attorneys can help you get the compensation you need to cover your expenses. Contact our team at The Carrion Law Firm for a free legal consultation today. Call our offices at (718) 841-0083 to speak with our New York City attorneys for injuries caused by residential house fires today.

Can You Sue if You Were Hurt on Someone’s Property in New York?

In most situations, the property owner is responsible for any injuries on their premises. Whether you can hold them liable depends on if they acted negligently. Our New York premises liability attorneys are here to help you prove your claim and get compensation for your damages. If a loved one has tragically passed away because of injuries sustained on someone else’s property, you also have grounds to file a wrongful death claim.

Property owners have a legal obligation to reasonably protect visitors from harm. If they are aware of, or should reasonably be aware of, a potential hazard on their property, they are required to take action to address it. Until the issue is resolved, they must either warn others of the danger or take appropriate measures to prevent any injuries. Failing to do so can be deemed negligent, making them liable for your injuries. In New York, you have the right to take legal action if you are injured on someone else’s property.

For instance, imagine injuring yourself after falling down a stairwell because of a broken handrail. If the property owner was aware of the hazardous condition yet did nothing to rectify it, you will have valid grounds to pursue a legal claim against them.

What Happens if I Get Hurt on Someone Else’s Property in New York?

People are responsible for the safety conditions of their own properties. When a property owner welcomes guests onto the premises, they must make sure it is safe. Guests can be people explicitly invited into a property, like a social guest, or people impliedly permitted to enter, like customers in a grocery store. It could also include people who are not strictly invited but should be expected, like a mail carrier walking to your door to deliver a package. If any of these people are injured on someone else’s property, the laws of premises liability will apply.

Different situations may involve different rules under premises liability. Generally, the outcome of a case will depend on how the plaintiff and defendant know each other. Property owners owe invited guests a great legal duty of care. Uninvited guests or unlawful entrants may be owed no such duty.

Premises liability cases can range from the seemingly mundane to the outrageous. Common premises liability cases involve slip-and-fall accidents. These accidents often happen on wet or uneven floors or icy sidewalks. More serious cases could involve fires or even heavy machinery like roller coasters in amusement parks.

While it is unfortunate if you were injured on someone else’s property, not every plaintiff can sue. Defendants owe a duty of care to plaintiffs to maintain properties and keep them safe, but only within reason. In some instances, property owners may only have a duty to warn guests of certain hazards. Guests who are harmed after ignoring warnings, like wet floor signs or notices to keep away, may not have grounds to sue.

If you were injured in an accident on someone else’s property, call our Brooklyn personal injury attorneys for help. We will help you determine if you have a valid cause of action.

Elements You Must Prove in a Lawsuit for Injuries on Someone’s Property in New York

Our team will investigate your accident and injury to determine who should be held responsible for it. To establish liability, our attorneys need to prove a few key elements. First, we must show that the property owner had a duty to maintain a safe environment free from hazards. Next, we must demonstrate that the owner failed in their responsibility and that this failure directly led to your injuries. Finally, we will outline the damages you suffered as a result.

For instance, at a residential property, the owner is responsible for keeping sidewalks in a safe condition for pedestrians. If the owner notices a hazardous crack in the concrete but neglects to repair it or block off the area, they have breached their duty and can be held liable for any injuries victims sustain from a fall caused by that crack.

These same principles of premises liability also apply to commercial properties. However, commercial properties accessible to the public are often held to an even higher standard of care.

Duty of Care in Cases Where You Were Hurt on Someone Else’s Property in New York

In general, there are two types of entrants on someone else’s property. Lawful entrants are those who are explicitly or implicitly welcomed onto the property. Unlawful entrants or trespassers are not welcome onto the property and sometimes enter without the property owner’s knowledge. These groups could both be injured on the property owner’s premises, but only lawful entrants are owed a duty of care.

Lawful entrants can include all kinds of people who are welcome to enter. In the case of a private home, lawful entrants might be social guests paying a visit, a babysitter watching your kids, or a repairman coming to fix something. Lawful entrants could also be people you do not invite onto the premises, but who can reasonably be expected to be there, like mail carriers or an electrician come to read your meter. In a more public setting, like a grocery store, museum, or amusement park, a lawful entrant is like a customer or a patron.

Property owners owe a duty of care to lawful entrants to make their properties as safe as possible. This duty of care means property owners must remedy any existing hazards they know about and make reasonable inspections for possible unknown hazards. Inviting a guest onto a property without correcting a known hazard or warning your guest is a breach of the owner’s duty of care.

Unlawful entrants are often perceived as trespassers and are owed no duty of care. Property owners cannot be expected to prepare for guests who are unwelcomed or unknown. This means if you enter your neighbor’s backyard without permission and get hurt, your neighbor might not be responsible because you were trespassing. Call our Bronx personal injury attorneys for more information.

Fair Warning Before Getting Hurt on Someone Else’s Property in New York

Entrants and guests who are provided with fair warning about certain hazards, but choose to enter the property anyway, might also be unable to sue for damages. Common examples of warnings include wet floor signs or signs to stay out. A property owner may also verbally tell a guest to stay away from certain parts of the property.

For example, suppose you pay a visit to your neighbor’s home, and your neighbor tells you to stay out of the basement because it is flooded. Next, suppose you enter the basement anyway and you slip, fall, and get a concussion. You might want to blame your neighbor for not cleaning up their wet basement, but because they warned you to keep out, they cannot be held liable. Technically, you became a trespasser when you entered the basement because you knew it was off-limits.

If you were hurt on someone else’s property but are unsure if you were a lawful entrant or not, call our Long Island personal injury lawyers for assistance.

What Damages Can I Recover for an Accident Caused by a New York Property Owner?

If the property owner is found to be liable for the accident that caused your injuries, you can seek compensation for the various types of damages you have experienced. This can encompass a wide range of physical, emotional, and economic losses, including, but not limited to, the following damages:

Economic Damages

You can claim damages for all medical expenses related to your injuries. This includes costs for hospital visits, surgeries, medications, physical therapy, rehabilitation, and any necessary medical equipment, such as braces or assistive devices.

If your injury has prevented you from working, you will also be entitled to recover wages that you would have earned during your recovery period. This includes both the income you lost while you were unable to work and any additional income you will lose if your injuries result in a long-term inability to perform your job.

If your injuries prevent you from returning to work in the same capacity or force you to change careers entirely, you can claim compensation for your reduced earning potential. We can use expert witnesses to help calculate future lost wages and the potential financial impact on your lifetime earnings based on your inability to work as before.

You can also claim damages for any personal property damages in the accident. For instance, if you smashed your phone and needed to replace it, the replacement costs can be included in your claim.

Non-Economic Damages

This category refers to the physical pain and emotional distress you have endured as a result of your injuries. Compensation for pain and suffering recognizes the subjective experiences of discomfort, anguish, and a diminished quality of life you experience because of the accident and adjusting to your circumstances.

Property accidents, like slip and falls, often cause very painful injuries, such as broken bones, dislocated joints, and torn ligaments. While these injuries tend to fully heal with proper care, it might be the most painful experience you have had to date and should be included in your claim.

In addition to physical pain, you might also experience significant psychological impacts from the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These forms of mental anguish can take an extreme toll on your daily life, impacting relationships and activities you once enjoyed.

Call Our New York Premises Liability Attorneys Today

If you were hurt in an accident on someone else’s property, that property owner might be liable for your injuries. Schedule a free legal consultation with our staff at The Carrion Law Firm. Call our offices today at (718) 841-0083.