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How to pursue a premises liabiltiy case

If a New York resident slips in a grocery store or trips while at a friend's house, major injuries could result. Those who have been hurt on another party's property may have the right to pursue a premises liability lawsuit. There are a variety of dangerous conditions, such as torn carpet, poor lighting or a cracked sidewalk, that could lead to a fall causing injury.

As part of a premises liability lawsuit, it is generally necessary to show that a dangerous condition existed and the property owner knew about it. In some cases, it may only be necessary to show that a property owner should have known about the problem. It must also be established that steps were not taken to remedy the condition. Dangerous conditions are those that an individual wouldn't have reasonably expected to encounter.

If a fall takes place on a residential property, a landlord may be liable for the fall if he or she had control of the condition that led to it occurring. Furthermore, it would need to be shown that the problem would have been affordable to fix and that failing to do so was the cause of the accident. When falls take place on government property, immunity rules may prevent a lawsuit from being filed against a local, state or federal entity.

When an individual is injured after slipping or tripping, he or she could be entitled to compensation for current and future medical bills as well as lost wages. However, this is generally only true if the accident was caused by dangerous conditions allowed to exist by a negligent property owner. An attorney may review police reports, witness statements and videos from the scene to determine if negligence caused such a case.

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