Establishing negligent maintenance in a civil claim
Negligent maintenance and poor property conditions may be the cause of what initially seems to be a simple accident on property belonging to another party. Essentially, private or commercial property owners could be financially liable if certain hazards endanger the well being of someone lawfully on the property. Establishing negligent maintenance as the reason for an injury may be challenging, but it is possible to provide evidence and documentation in order to secure a successful outcome to a premises liability claim.
When a New York state resident enters either private or commercial property, he or she does so with the expectation of safety. When an accident occurs, the injured party should first seek any needed medical assistance. This also provides documentation that could be useful for validating a civil claim filed against the property owner and/or another party in control of the premises. It can be beneficial to secure any type of documentation that could support a claim, including photos of property conditions or injuries.
It can be difficult to firmly establish that a property owner was negligent, especially if there is a dispute regarding whether the injured party was invited onto the premises. Numerous factors will be considered, including the condition of the property, the normal use of the property and the reasons that the injured party was on the property. These cases can be rather complex, but the injured victim will find it useful to have assistance from a New York attorney experienced in handling premises liability claims.
A claim based on negligent maintenance may the best choice for someone injured on the property of another party, but it is best to explore all available options before filing a claim. A victim may first seek a complete case evaluation in order to determine the best course of action after an injury. Understandably, it is best to reach out for help as soon as possible after an accident.
Source: Findlaw, “Premises Liability: Who Is Responsible?“, Accessed on Feb. 3, 2015