If you sustain injuries while on property that you do not own, can you sue? Who is responsible, you or the owner? The premises liability states that, the owner of the property is responsible for injuries and accidents, that happen on their property. In order for you to recover damages from the property owner for your injuries, depends on many factors. There are a few considerations to keep in mind about suing a property owner, for injuries received while on their property. Was there a known dangerous condition that the property owner failed to remedy? There may not of been any laws broke, but the owner can still be held negligent. When an owner of a property knows about a condition that is potentially dangerous, they must remedy the situation. If they fail to do so, and you get injured, they can be held liable.
Did you get injured while trespassing on someone else's property? In certain cases, trespassers can recover for the injuries they received. The amount of reasonable care that is required by the owner to maintain, is determined by if you were given permission to be there.
Was the property owner breaking a law? The owners negligence is likely to show, if they were violating a law, and that caused your injury. Some states it is law, for property owners to have snow cleared from their property. If the property owner does not do this, and somebody slips, falls and gets injured, the likelihood of them being found negligent is high.
Who owns the property where you received your injury? Another factor to consider, is if a government entity owns the property or an individual. If the injury happened on a government entity, state or federal tort claims acts might affect your claim. With this act, the governments liability is generally limited with injury lawsuits.
Was the injury you received, partially your fault? The success of an injury lawsuit may be effected, if you were to blame for causing your injury. In the majority of states, the person that shares the fault for their own injury may still recover. They may be able to recover the share of damages, caused by the other person. In this case, the other person would have to be at least equally responsible for the injuries cause.
If you or somebody you know has been hurt on somebody else's property, do not hesitate on contacting an attorney. They will discuss with you the legal options that you have. They will also tell you what steps you should and should not take. If the insurance company, or lawyer contact you regarding the injury, do not discuss it with them until you seek legal advice. The law offices of Sgarlato & Sgarlato in Staten Island, New York are experienced with personal injury cases, and will be happy to assist you.
