In every state, there is an expectation that the general public behaves within a state established code of conduct thereby avoiding arbitrary risks in
Premises liability is a type of liability that arises when someone becomes legally responsible for the injuries sustained by another person on their property. Unfortunately, injuries involving premise liability in Queens NY are far too common and our large population, traffic and constant hustle and bustle amplify the problem.
A premises liability case can be filed in civil court against any person or entity that has control over the premises, including owners, managers, building owners, building managers and other people who have some type of legal right to control the premises.
Negligence is the most common cause of action in premises liability cases. Negligence is the failure to act with the care that an ordinarily prudent person would act under similar circumstances. If negligence can be proven, then there is a presumption that someone was hurt and damages are appropriate.
When proving premises negligence case, it is necessary to identify the cause of action and prove that there is a duty owed by the defendant.
The cause of action in a premises negligence case will depend on what was wrong with the property or premises. The most common causes of action in a premises negligence case are: trespassing, defective condition of the property and unsafe condition on the land.
1. The defendant owed a duty of care to the plaintiff
The defendant has a legal duty to the plaintiff when the defendant is legally obligated by law or contract to carry out an action.
2. The defendant breached that duty of care
A breach can happen when there was an error or omission in judgment on behalf of one party which causes the other party to suffer an injury.
3. Causation
The law requires the injured party to show that his injuries would not have occurred if the defendant had not been negligent. A court will typically not find causation if the plaintiff's injury was due to an intervening force. But, there are exceptions depending on the type of injury, such as when a criminal defendant commits a crime and injures a victim.
4. The breach was a legal cause of injury or damage.
The breach is a legal cause of injury because it gives way to a series of consequential damages The plaintiff was harmed or injured as a result of the defendant's actions. Damages are monetary obligations imposed by a court in order to compensate the plaintiff for harm caused. These damages can be in the form of money or assets and can be awarded based on a variety of factors such as malice, intent and knowledge.
If you have been injured Michael Ribowsky is a premise liability attorney in Queens and is here to help. We'll walk you through the process of filing a personal injury claim so you can win big.
Ribowsky Law 12 Jamaica Ave, Richmond Hill, Queens, NY 11418, (718) 659-5333 https://www.mrinjurylawyerny.com/
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