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Why You Need A Personal Injury Attorney If You Are Injured On Another’s Property

When you’ve been injured due to unsafe conditions on another’s property, you may feel you are the victim, and that you aren’t at fault for your injury. You may believe that everyone is on your side, and you’ll be afforded the compensation you deserve for your injury. But you’re much more likely to get the compensation you’re entitled to with a personal injury attorney representing you. In reality, Slip, Trip or Fall cases, or Premises Liability cases, are much more complex than one might think. Depending on your particular case, multiple parties may be held responsible for the losses you’ve endured because of your injury.

We’ve discussed in another post regarding Premises Liability that property owners may try to cover their tracks after you’ve injured yourself due to their property’s unsafe condition. For example, there may be a loose tile on their floor that caused you to fall. The very next day, the property owner may fix that tile and make the claim that the unsafe condition never existed. This is why it’s so important to take photos of the unsafe condition that caused your accident and get the names and numbers of any witnesses present at the time of your accident.

Their insurance carrier will also attempt to downplay your injuries and harm your case as well. They’ll likely approach you with questions regarding your incident. These questions are meant to confuse you and elicit answers that may harm any personal injury claim you bring against the property owner.

How A Personal Injury Attorney Can Help In A Slip, Trip or Fall Case

When insurance adjusters approach you with questions regarding your incident, you can simply refer them to your attorney. While you focus on recovering from your injury, your personal injury attorney will build your case. Since New York is a “Comparative Negligence” state, even if you were partly at fault for your slip, trip or fall (ie. you weren’t paying attention to what you doing), you’re still entitled to compensation for your losses. They’ll also come up with a strategy to prove that the property owner was negligent and lacking in his or her upkeep of the property. The unsafe condition must have existed long enough for the property owner to recognize and eliminate the hazard. There cannot be any justification for said unsafe condition to have existed at the time of the accident. For example, the property may be under construction, which can be considered a justification for having an unsafe condition. However, the absence of any warning signs, or the failure to protect patrons from unsafe conditions, may be a stand against this defense.

How A Personal Injury Attorney Can Help You If You Were Assaulted On Another’s Property

In some instances, your injury may have been caused by the intentional actions of another. You may have been assaulted on another’s property. If the property owner was responsible for your security (ie. if the property was a night club with security guards), your personal injury attorney may hold both the property owner as well as the individual who assaulted you liable. Additionally, if the individual who assaulted you was overserved alcohol (learn more about the Dram Shop law), the establishment may be held liable for your damages as well as the individual who assaulted you.

When you incur a serious injury on another’s property, don’t attempt to seek damages from an insurance company on your own. An experienced personal injury attorney will build your case, protect your right to the full compensation you’re entitled to, and hold all liable parties responsible for your damages.