Premises liability cases often hinge on the strength of the evidence presented. At Leav & Steinberg LLP, we understand how crucial it is to gather and present compelling evidence to prove negligence and secure fair compensation. With over two decades of experience helping New York residents win premises liability cases, our team is here to guide you through every step of the legal process.
In this blog, we’ll discuss the importance of evidence and share practical tips to help you build a strong case. Whether you’re dealing with a slip-and-fall accident or another type of property-related injury, having the proper evidence can make all the difference — and we’re here to help you succeed.
What Is Premises Liability?
Premises liability refers to the legal responsibility property owners have to ensure their premises are safe for visitors. When someone is injured on another person’s property due to unsafe conditions, the property owner may be held accountable under premises liability laws in New York.
Common premises liability cases include slip-and-fall accidents, injuries caused by inadequate security, and harm resulting from defective property conditions such as broken stairs or unmarked hazards.
In New York, property owners must maintain their premises and address any potential dangers within a reasonable timeframe. Owners must take precautions to protect visitors from foreseeable harm, whether the property is residential, commercial, or public. Injured parties may have grounds to file a premises liability claim when they fail to do so.
Why Evidence Is Crucial in Premises Liability Cases
Evidence plays a central role in premises liability cases, as it directly impacts your ability to prove fault and secure compensation. To hold a property owner accountable, you must demonstrate that their negligence caused your injuries. Strong evidence can establish this connection, strengthening your case and improving your chances of a favorable outcome.
Additionally, evidence is critical for quantifying damages, including medical expenses, lost wages, and pain and suffering. Whether you’re negotiating with insurance companies or presenting your case in court, having robust evidence ensures your claim is taken seriously.
Types of Evidence to Strengthen Your Case
Photographic and video evidence
Photographs and videos taken immediately after the incident are invaluable in premises liability cases. They capture the scene at the time of the accident, documenting hazards such as wet floors, poor lighting, or broken railings. When taking photos or videos, focus on capturing multiple angles, close-ups of the hazard, and any visible injuries. If possible, include a timestamp for added credibility.
Witness statements
Eyewitness accounts can corroborate your version of events and provide additional details about the incident. Gather the names and contact information of anyone who witnessed your accident. Their testimony can strengthen your case by confirming unsafe conditions or the property owner’s negligence.
Medical records
Medical records serve as a direct link between your injuries and the incident. Seek medical attention promptly after the accident and keep detailed records of your diagnosis, treatment, and recovery. These documents demonstrate the extent of your injuries and their impact on your life, which is essential for calculating damages.
Incident reports and official documents
Another crucial step is filing an incident report with the property owner or a relevant authority. This report provides a written account of the accident and can serve as evidence if the case goes to court. Inspection or maintenance logs can reveal a history of negligence, further supporting your claim.
Common Mistakes to Avoid in Premises Liability Cases
- Waiting too long to gather evidence: Evidence can disappear quickly, so it’s essential to act promptly. Delays may weaken your case or make it difficult to prove liability.
- Ignoring medical evaluations: Failing to seek immediate medical attention can undermine your claim. Always prioritize your health and document your injuries.
- Overlooking expert testimonies: Expert witnesses, such as safety inspectors or medical professionals, can provide valuable insights. Don’t underestimate the importance of their input.
- Relying solely on verbal agreements: Always document interactions with property owners and insurers. Written agreements carry more weight in legal proceedings than verbal assurances.
How a Premises Liability Attorney Can Help
Navigating New York’s premises liability laws can be challenging, especially when you’re recovering from an injury. A skilled New York City attorney can handle the legal complexities, ensuring your case is thoroughly investigated and supported by strong evidence. Attorneys also negotiate with insurance companies on your behalf, advocating for fair compensation.
If your case goes to court, a premises liability attorney will represent you, presenting evidence and arguments to establish the property owner’s negligence. With the right legal support, you can focus on your recovery while your attorney works to secure justice.
When to Contact a Premises Liability Attorney in New York City
You should consider contacting a premises liability attorney in New York if your injuries are severe, liability is disputed, or the property owner or their insurance company is uncooperative. Acting promptly is crucial, as evidence may deteriorate over time, and legal deadlines may apply.
At Leav & Steinberg LLP, our team has extensive experience handling premises liability cases in New York. See how we have helped our clients get the compensation they deserve.
Reach Out to Leav & Steinberg LLP Today
If you’ve been injured due to unsafe conditions on someone else’s property, Leav & Steinberg LLP is here to help.
Our premises liability attorneys in New York provide personalized legal support to guide you through every step of the process.
Schedule a free consultation today to discuss your case and explore your options. Contact us to get started.
Let us help you build a strong case and fight for the justice you deserve.
