What is Considered a Hazardous Condition?
What Is Considered a Hazardous Condition in a New York Premises Liability Case?
A hazardous condition in a New York premises liability case is defined as an unsafe condition that can potentially cause harm to someone present on the property. All New York property owners must ensure that their properties are free from dangerous, hazardous, or defective conditions. This applies to owners of both public and private properties.
If you were injured on another party’s property, you may be wondering if the hazard that harmed you allows you to recover compensation. If you can prove that the property owner knew (or should have known) about the hazard, you may be able to secure a financial recovery for your injuries and injury-related damages and expenses. You should work with the experienced team of New York premises liability lawyers at Dansker & Aspromonte Associates LLP to guide you through the legal process to maximize your recovery.
Examples of Hazardous Conditions
To provide you with some clarity as to what a hazardous condition is, below are a few examples:
- A store clerk fails to clean a spilled substance (such as dish soap in an aisle) that is accessible to customers
- Cracked flooring
- Uneven flooring
- Uneven stairs or loose railings
- Defective elevators
- A patch of ice on the sidewalk
- Merchandise left in a walkway
- Exposed cable cords
- An accumulation of garbage or debris
- Lifted carpet
- Potholes
- Objects that are not properly secured and could potentially fall on a visitor
You may have been injured by a hazard not included on this list. Regardless, you still may be entitled to compensation.
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Liable Parties in a Premises Liability Case
Once you have established that a defective condition caused your accident, you will need to determine who the liable parties are.
Some liable parties may include:
A Business Owner
Depending on where the incident took place, a business owner may be held liable for your accident. For example, if an employee failed to clean up a spilled substance, which later caused you to slip and fall, the owner of the business may be financially responsible for your injuries and related damages and expenses.
A Government Municipality
If the incident occurred on property that is owned or operated by a government agency, you may be able to bring a claim against them. Public parks, libraries, and municipal buildings are generally owned and maintained by a city or the government.
A Landlord
In some cases, the landlord rather than the business owner may be held liable for a premises liability accident. This all depends on where the incident occurred and what factors contributed to it.
Once a New York personal injury attorney has the opportunity to assess the details of your case, they can then determine which parties should be held liable to compensate you for your injuries and resulting damages.
Proving Liability in a Premises Liability Case
Proving liability in a premises liability case can sometimes be challenging because it is necessary to prove that the responsible party knew or should have known about the existence of the dangerous condition. It can often be proven that the responsible party is liable even if they were not aware of a hazardous condition because they should have been under the circumstances.
There are many forms of evidence that can help your legal team prove your allegations. For instance, photographs of the defect may be the most important piece of evidence in your claim.
In addition to photographs, the following forms of evidence can also prove liability for your injuries and related losses:
- Video surveillance footage
- Witness statements
- Measurements of the size, shape, and location of the hazardous condition
- The building’s leasing agreement, management agreement, and/or maintenance agreement
There are other forms of evidence that could potentially help your case.
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Possible Injuries from a Premises Liability Accident
In the aftermath of your accident, it is important to determine the extent of your injuries. The Centers for Disease Control and Prevention (CDC) says that if you fell on another party’s property, you could be suffering from broken bones or a traumatic brain injury.
You could also be suffering from:
- Spinal cord injuries
- Internal bleeding
- Nerve damage
- Paralysis
- Joint injuries including tears of tendons, ligaments, or cartilage
- Disfiguring scarring resulting from lacerations
After getting hurt, you should always visit a medical professional. They can diagnose and evaluate the severity of your condition. They will also provide you with the necessary care and treatment to assist you in recovering from your injuries.
Contact Dansker & Aspromonte Associates LLP if You Were Injured on Public or Private Property in New York
While some hazardous conditions are obvious, others are not, which can make proving negligence more difficult. Therefore, if you recently injured yourself while on public or private property in New York, you are encouraged to contact Dansker & Aspromonte Associates LLP at (212) 732-2929 in order that we can begin investigating your case.
You can ask us any questions that you may have in regard to your legal matters, including questions about hazardous conditions in New York premises liability cases.
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