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Proving Liability in Premises Injury Cases

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NYPD Truth

Premises injury cases involve legal disputes over accidents and injuries that occur on someone else's property, such as slip and fall incidents, inadequate security leading to assaults, or other hazardous conditions. To successfully pursue a premises liability claim, the plaintiff must prove the property owner's liability, demonstrating that the owner was negligent in maintaining safe premises. Let's explore the key elements involved in proving liability in premises injury cases.

Establishing Duty of Care

The first step in proving liability in Premises Liability Cases is establishing the property owner's duty of care. Property owners have a legal obligation to provide a safe environment for visitors and occupants. This duty varies depending on the relationship between the injured party and the property owner—whether they were a customer, guest, tenant, or trespasser. The level of care owed may differ based on the purpose of the visit and the individual's status on the property. Proving that a duty of care existed and identifying the scope of that duty is essential in determining whether the property owner acted negligently.

Demonstrating Breach of Duty

Once duty of care is established, the plaintiff must demonstrate that the property owner breached that duty, meaning they failed to meet the required standard of care. This can involve showing that the property owner knew or should have known about the hazardous condition and did not take appropriate actions to address it. For instance, if a property owner was aware of a spill but failed to clean it up promptly or provide a warning, they may be considered negligent. Expert witnesses, such as safety professionals or maintenance experts, can be invaluable in assessing whether the property owner's actions met the required standard of care or if they were negligent in maintaining the property.

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