Premises liability claims are quite common in New York City. These claims arise when someone gets injured on another person’s property due to unsafe conditions. To win a premises liability case, the plaintiff must prove that the property owner was negligent, showing that the owner knew or should have known about the dangerous condition and failed to fix it or warn visitors about it. The plaintiff also needs to show that this negligence directly caused their injury.
Successful defenses against claims
It’s important to remember that a person’s injuries are not always the fault of the property owner or occupant. There are several defenses that they can use to fight premises liability claims. Here are some of the most common ones:
- Open and obvious hazard: If the dangerous condition was open and obvious, the property owner might argue that the plaintiff should have seen and avoided it. For example, a large hole in the ground that is clearly visible might not lead to a successful claim.
- Storm in progress: This defense applies when the injury occurs during an ongoing storm. Property owners are not required to clear snow or ice while the storm is still happening. For instance, if someone slips on ice during a snowstorm, the owner might not be liable.
- Comparative negligence: The property owner can argue that the plaintiff was partly responsible for their own injury. If the plaintiff was not paying attention or was acting carelessly, the courts will likely reduce the plaintiff’s compensation.
- No duty owed: If the plaintiff was trespassing or not lawfully on the property, the owner might not owe them a duty of care. For example, if someone sneaks into a private area and gets hurt, the owner might not be liable.
These defenses can help property owners and occupants’ insurers avoid paying claims where policyholders are not at fault and not overpaying valid ones where they may be partially responsible. Still, each case is unique, and a strategy not included here may be successful.
Building a strong defense case
Building a strong defense case in a premises liability claim involves several key steps. First, it’s essential to conduct a thorough investigation of the incident. This includes gathering evidence such as photographs, witness statements, and maintenance records. The goal is to find any information that can support the defense’s arguments.
Next, the defense should use the discovery process to obtain information from the plaintiff. It can include requesting documents, asking written questions (interrogatories), and taking depositions. By doing this, the defense can uncover any weaknesses in the plaintiff’s case.
Finally, it is crucial to work with experienced legal professionals who understand premises liability law. They can help craft a strong defense strategy and represent the property owner during negotiations or in court when necessary. With the right approach, property owners and carriers can effectively defend themselves against unnecessary or unfair premises liability claims.
