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Determining fault in a premises liability case

Premises liability is a concept that most people are familiar with, even if the terminology sounds foreign. It is essentially the legal practice that allows people who are injured by dangerous property conditions to file for compensation in the event of property owner negligence. You can find an in-depth explanation of premises liability and a few examples here. When dealing with a premises liability case, there are a few things that must be considered.

It is important to keep in mind that courts will consider whether or not you were on the property lawfully if you make a claim. If you were not on the property lawfully, then you may still have a strong case if you can prove that the property owner knew that you were on their property and still did nothing. If you can then prove that the property owner was negligent about an unsafe property condition (e.g., They knew about the danger and did not repair or make an effort to prevent others from avoiding the dangers), you will likely have a strong case on your hands.

What you might not know is that these rules apply differently to children. If a property owner has a property condition that would be enticing to a child, and they do not child-proof that condition, then they could be liable for damages. However, the owner’s risk of liability is relative to their need to maintain the condition or the burden it would be to eliminate it. Even if the burden and need are high relative to the safety of a child, the property owner could still be found liable if they did not exercise reasonable care to reduce dangers to children.

If you live in New York and you believe any of these examples apply to you, you could be entitled to compensation. Consider meeting with an attorney who can help you bring your case in front of the courts and help you get the compensation you deserve.

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