If you are looking to take legal action after you were hurt on someone else’s property, you may be wondering what evidence you need to file a successful premises liability claim in New York.
Having an accident on someone else’s property does not automatically entitle you to money damages. New York law requires you to prove certain elements in a claim or lawsuit. Hiring an experienced premises liability lawyer will help you understand the legal requirements to build your case.
The sooner you consult a lawyer, the sooner they can begin to investigate the circumstances of your accident, preserve evidence, protect your rights, and build a strong claim for maximum financial compensation. Here are some steps you can take immediately after your accident:
- Call the police
- Take photographs of the condition that caused your accident
- Record the names and contact information of all witnesses
- Request medical attention at the scene
- Document any visible injuries with photographs
- Do not post on social media about your accident or your injuries
Types of Evidence Used to Prove a Premises Liability Claim
A premises liability case can involve a wide variety of accidents including falls on a public sidewalk, in a housing project, in a store or private home, elevator or construction site to name just a few examples. You can even bring a premises liability claim against your landlord if you were injured in your own apartment or home under certain circumstances.
Building a strong case requires evidence that your accident was the result of negligence of a property owner or other responsible party and that as a result of that negligence you sustained certain injuries. Evidence of fault can be gathered from the following:
- Witness statements: Witnesses can speak to their knowledge of the property, the conditions that day, and the reasonableness of predicting these conditions.
- Photographic evidence: Pictures of the property and the environment surrounding the accident site can prove that the owner failed to meet their duty of care.
- Official reports: Police reports and official documentation from someone in authority on the property can include detailed descriptions that serve as evidence.
- Surveillance footage: Camera footage can show the conditions of the property at the time of your accident.
- Expert reports: Inspection reports from engineers, architects or other specialists can establish the dangerous or defective nature of the condition which caused your accident.
Evidence of Your Injuries
Evidence of the injuries you suffered can include the following:
- Ambulance, hospital and emergency room records: These official documents can serve as important evidence in proving your injuries.
- Medical treatment records: The ongoing evaluation and treatment records documenting your injuries are essential in building your claim for financial compensation.
- Injury Photographs: Pictures can serve as a powerful illustration of the nature of your injuries and any disfigurement or scarring that results from your injuries.
- Witness statements: Witnesses to your accident or family members can speak to what they observed about your injuries and the impact of those injuries on your life.
- Medical experts: We may retain specialists to evaluate and testify about your injuries and the permanent effect of those injuries on your life.
