How Were You Hurt?
The circumstances surrounding your injury will play a large role as to whether or not you may collect compensation from the property owner. For instance, if you tripped on a crack in the sidewalk, the property owner may be liable for your injuries. However, if the property owner put up a sign warning you of the crack or tried to seal it prior to your arrival, that may be enough to absolve that person of liability.
It is important to note that you may bear some or all responsibility for your injuries even if dangerous conditions were present on a property. Let’s say that you were bitten by your friend’s dog while you were walking from your car to the front door. While the owner of the property is liable for ensuring that the dog doesn’t bite you, you are responsible for ensuring that you don’t do anything to contribute to the dog’s aggression.
Were You Allowed On the Property?
Another factor that you have to consider is whether or not you were allowed on the property when your injury occurred. If the property owner had no idea that you would be on the premises, he or she does not have a duty of care to protect you. The only exception is if a child finds his or her way on the property and is hurt while there.
Therefore, if you are trespassing on private property, you assume all the risk that comes with being there. This means that if you slip on a puddle of water, stumble over a toy on the ground or fall from a large height, you are responsible for paying your medical bills and other expenses.
What Types of Compensation Could You Receive?
In a premises liability personal injury case, you could be entitled to compensation for your injuries as well as emotional pain and distress. This means that you could be reimbursed for any medication needed to control pain or other symptoms as well as the cost of seeing a therapist.
If physical injuries or emotional distress prevent you from going to work, you may be entitled to compensation for lost wages or lost future earnings. This may make it easier to pay daily living expenses or provide for your dependents while you are out of work. In fact, your family members may sue for compensation if your injuries deprive them of financial or emotional assistance that they relied on to maintain a reasonable lifestyle.
File Your Lawsuit In a Timely Manner
In the state of New York, you have two years from the date of your injuries to file a premises liability lawsuit. Your attorney may help you decide whether you want to go to court or settle before your trial date. Ideally, you may want to threaten a lawsuit in an effort to compel the property owner to resolve the matter in good faith without the need for a judge and jury to hear the case.
If you are hurt in a residential or commercial building, make sure that you see a lawyer right away. Doing so can help to protect your rights and ensure that you increase the odds that you will get the compensation that you may be entitled to in your case.