When a person is injured due to someone else’s negligence, the victim may be able to bring a personal injury claim against the responsible party to recover damages. A personal injury lawsuit may fall under the category of premises liability when the victim’s injury occurs on property owned by the negligent party. Owners of both public and private property are responsible for maintaining safe conditions on their properties, and such owners could be held liable for damages if their unsafe properties cause a victim’s injuries. For example, a victim may get hurt on a defective playground at a park. Most owners of public properties are municipalities, or government entities. Victims can seek compensation from either private property owners or municipalities, depending on the facts of their premises liability cases.
Whether you are bringing a claim against a private property owner or a municipality, you should team up with an experienced premises liability lawyer who can help prove the negligent party’s liability and recover compensation for your injuries. At the Law Office of Cohen & Jaffe, LLP we believe that negligence parties should not go unpunished, and our skilled personal injury attorneys are ready to help you fight for your compensation.
What Is Premises Liability?
Premises liability lawsuits revolve around victims being injured on another’s property. Essentially, all property owners have a duty to maintain their properties in safe conditions, and they can be sued if the conditions of their properties cause injuries. Such premises liability lawsuits might involve the victim being injured due to a slip-and-fall, inadequate lighting, negligent security, defective playground equipment, uneven surfaces, or other negligent conditions. The victim can then pursue damages from the property owner in the form of a personal injury claim.
In a typical premises liability case, the victim must prove that the property owner was negligent in maintaining the property in question, and such negligence caused the victim’s injuries. You must present evidence of all four elements of negligence. First, you will need to prove that the property owner owed you a duty of care. Second, you must show that the property owner breached the duty it owed you. Third, you must provide evidence that the property owner’s breach of its duty caused your injuries. Fourth, you must show that you suffered damages due to your injuries.
Who Is Liable for Personal Injury in a Premises Liability Case?
In premises liability cases, different parties could be liable depending on the circumstances. When it comes to private property owners, the duty of care owed to you will depend on whether you are an invitee, licensee, or trespasser. Invitees are those who enter a premise for business purposes, and licensees are those who are invited onto a property for non-business reasons. Property owners owe a relatively high duty of care to invitees and licensees. On the other hand, trespassers are those who enter a property uninvited and often unlawfully. Property owners owe trespassers a much lower duty of care.
Not all premises liability cases are brought against private property owners. Municipalities are responsible for the upkeep of public places, like parks and playgrounds. When a victim is injured on a property that is under the care of a municipality, the victim may be able to bring a personal injury claim directly against the municipality. The victim would still need to provide evidence of the municipality’s negligence, but there are different rules and procedures that apply when suing a government entity. This is why it is important to have the guidance of an experienced legal team who can help you navigate the different stages of your case.
Reach out to the Law Office of Cohen & Jaffe, LLP to Pursue Compensation for Your Personal Injury Today
If you were injured on another party’s property, you should consider bringing a premises liability lawsuit against them. The negligent property owner might be a private party or a municipality, and a skilled legal team will be able to investigate the facts of the case and assist you in proving the negligence of the relevant party. Our experienced personal injury lawyers have handled countless premises liability cases, and we want to help you.
The Law Office of Cohen & Jaffe, LLP cares about holding negligent parties responsible and helping victims recover their deserved compensation. We would be happy to discuss your case in a free consultation. You can reach our team by calling (516) 358-6900 or filling out our contact form.
