What Do I Need to Prove to Win a Premises Liability Case?

Personal Injury Attorney Serving The Bronx, Brooklyn, Queens, Manhattan & New York City Areas


If you’ve suffered a personal injury on someone else’s property, you are probably overwhelmed. Pain, medical treatments, and worry over how the injury will affect you in the short and long term can result in high stress levels.

It is important that you get advice from a legal professional to determine if you have a premises liability case. In order to win a premises liability case, you will need to provide proof that you had permission to be on the property, proof that the property owner was negligent, and proof that the negligence precipitated your injury.

The first place to start is a consultation with qualified attorney Reid B. Wissner, who can evaluate the conditions that caused you to suffer your injury and determine if someone else is at fault.

Do I Have a Premises Liability Case?

Premises liability refers to the obligation of property owners to maintain a safe premises for visitors. If a property owner fails to take action to prevent injuries to those who visit the property, he or she may be liable for damages due to negligence.

There are many components that determine whether you have a premises liability case you can win. One important consideration is identifying the condition that caused your injury.

woman who has fallen on icy walkwayCommon unsafe conditions that result in personal injuries to property guests include:

  • Inadequate lighting
  • Violations of building codes
  • Missing handrails, broken steps, or slippery steps
  • Lack of adequate security systems, personnel, or other reasonable measures to deter crime
  • Improperly wired electricity
  • Uneven, cracked, or icy walkways

It's not enough for an injury to have occurred on someone else's property. Attorney Wissner will work to show that the conditions that caused your injury should have been prevented, repaired, or otherwise addressed by the liable party.

What You Need to Prove To Win A Premises Liability Case

If you are injured on someone else’s property due to negligence by the property owner, you will want to consult experienced New York attorney Reid Wissner to help you get the compensation you deserve.

In order to win a premises liability case, you will need to prove three main elements.

  • Lawful presence: You will need to prove that you were authorized to be on the property. For example, you would need to show that you were invited by the owner or were hired to work on the property. If you trespassed on the property, the property owner may not be obligated to compensate you for your injury.
  • Negligence of the property owner: You will need to show that the property owner did not act with reasonable caution to maintain a safe premises and prevent injury to guests. Reasonable caution includes repairing dangerous conditions, designating them as dangerous by roping them off or using signage, and warning guests of dangerous conditions. Failure of a property owner to warn guests of a dangerous condition or to take precautions to prevent guests from being injured by marking the dangerous area constitutes neglect.
  • The property owner’s negligence resulted in your injury: You will need to show that it was the failure of the property owner to address a dangerous condition that caused you to suffer an injury.

You won't have to prove these things on your own. Our experienced attorney is your aggressive advocate. He will work tirelessly to demonstrate how wrongdoing led to your injury.

Mr. Wissner will discuss the particulars of the injury you suffered to determine if you have a case you can win. To discuss your case with attorney Wissner at no charge, contact the Law Offices of Reid B. Wissner by calling 212-406-9288.

When you contact the Law Offices of Reid B. Wissner, you will speak to an attorney and not a paralegal or secretary, so you will be getting knowledgeable advice from the start. The Law Offices of Reid B. Wissner serve The Bronx, Brooklyn, Queens, Manhattan, and New York City Areas.


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