This post offers only an overview of premises liability law. You should not construe it as legal advice. If you have been injured on the property of another, you should communicate with a New York personal injury attorney to learn more about what remedies may be available to you.
In many situations if you are on the property of another lawfully (that is, with at least the knowledge if not the permission of the property owner), if you suffer an injury while you are there you may be entitled to compensation on the basis of premises liability, which many know colloquially as slip and fall” liability.”
To effectively establish a premises liability claim, you must be able to prove all of its elements. These include the following:
Premises liability is a species of tort, which means that a successful plaintiff is entitled to compensatory damages (those in connection with the injury received), as well as possibly more indirect damages such as pain and suffering. In more egregious cases even exemplary or punitive” damages may be sought.”