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The nature of property negligence

Property owners are just one type of party who can be accused of negligence under the personal injury laws. In New York and across the U.S., those who are injured on others' property can file lawsuits in the effort to receive compensatory damages and so cover expenses like medical care. Whether they slipped on a wet floor, fell down some broken stairs, or were hit by a falling object, they must prove several things before moving on with a case.

They must show that the owner neglected to maintain its property so that it was free from unreasonable dangers. This means warning entrants about wet floors, repairing potholes and other trip hazards, and providing sufficient lighting around stairwells and other hazardous areas. If an owner neglects something out of simple carelessness, chances are that the claim will not be successful.

Secondly, it must be proven that the entrant did not engage in unreasonable actions while on the property. For example, if someone was injured after running, not walking, across a wet floor, the claim will likely. Because hard proof of negligence will be required, injury claims aren't always successful. Property owners, for their part, can reduce the risk for lawsuits by following local public safety guidelines and ensuring that their property is up to code.

Lawyers can evaluate claims in light of premises liability laws, calculate a fair settlement once they believe the claim is a viable one, and negotiate for it with the other party's insurance company. Lawyers can also litigate when the insurance company denies payment or proposes a settlement lower than what the client deserves.

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