In New York, a premise liability equates to a failure to maintain the property. The liability exists when a visitor or worker sustains an injury due to the failure. The failure could equate to a building code or OSHA violation. The cause of the injuries determines how the case is managed. A personal injury lawyer in Nassau County, NY assesses the case to make this distinction.
Identify the Liability or Hazard
The first step is to identify the liability or hazard. Common conditions include but are not limited to wet flooring, uneven flooring, unmonitored construction projects, and damaged parking lots. The liability could also include the presence of harmful substances such as asbestos or lead-based paints.
How the Victim Was Injured
A slip or fall can cause injuries. An occupational disease could equate to a premise liability as well. It is caused due to exposure to harmful substances inside the property. An assessment of the exact cause directs the personal injury case. It determines how the attorney obtains evidence and explains the full liability of the property owner.
Evidence of the Event
Slip and fall injuries are often caused by hazards inside or outside the building. A surveillance system records these areas of a commercial property. The attorney acquires the surveillance footage through a court order quickly. This prevents the defendant from destroying the evidence and avoiding financial loss.
Calculating the Potential Award
The potential award includes any losses sustained by the victim. Typically, this includes lost wages and medical expenses. However, if the victim suffers more substantial injuries, they could acquire further payments. For example, a permanent disability entitles them to benefits or lifetime wages. The award must present a settlement offer that provides financial support for the victim.
In New York, a premise liability is a failure to correct property damage before an injury occurs, and it applies to residential and commercial property owners. The failure includes possible building code or OSHA violations. Victims of a premise liability should contact a personal injury lawyer in Nassau County, NY through the Law Office of Steven R. Smith or visit online for more info now.
