What a plaintiff must prove in a premises liability case

| Apr 21, 2021 | Personal Injury

When you suffer a serious fall in New York and the incident was the result of someone else’s negligence, you may have reason to try to hold the appropriate party responsible. Fall-related injuries may lead to steep medical bills and associated hardships. If you wish to prove premises liability, there are certain things you must show.  

Per the New York State Bar Association, you must be able to show that the following circumstances exist for your premises liability claim to be successful.  

That there was a defective condition

The first thing you need to prove in a premises liability case is that a defective condition existed and that you fell because of it. Examples of defective conditions might include icy sidewalks or puddles on store floors.  

That a certain entity was responsible for the condition

Next, you need to show how the person or entity you file the claim against was responsible for taking care of the defective condition that caused your fall.  

That the responsible party knew about the condition

To prove that someone holds responsibility in a slip-and-fall case, you need to show that the party responsible had either actual knowledge or constructive notice that the dangerous condition existed.  

That experts agree

Finally, you need to show that you are not alone in believing that a particular party was responsible for and aware of the dangerous condition that caused you to fall and that experts agree with you.  

Your claim may not be successful if you are unable to make a strong case in each of these four areas.