Steps to File a Premises Liability Lawsuit in White Plains
With more than 1700 new apartments approved in 2018 alone, White Plains is a thriving community in New York. The city’s council is also reviewing several developmental opportunities across different areas.
Amid such growing ownership and tenancy rates, it’s the property owner’s responsibility to keep the property in a safe condition. In case someone gets injured on the premises because of the maintenance failure, they can file a premises liability lawsuit. But, providing liability can be difficult.
So can you hold renters liable for it? In such cases, you must first discuss your case with a White Plains Premises Liability Lawyer. As per stats, 51.2% of occupants are the house owners, while 48.8% are renters. In general, here are some steps involved in filing a premises liability lawsuit:
What is a Premises Liability Lawsuit?
Before you even begin, you must understand the complexity surrounding premises liability and how it differs from other cases. So, begin with the definition first.
By definition, premises liability is among the many personal injury cases wherein someone’s fault or negligence results in someone else’s injury. In premises liability, it’s the mismanaged property that caused the damage, and it’s the owner of the property who should be held responsible for it. The property doesn’t necessarily have to be buildings solely; it can also be sidewalks, driveways, and pathways.
Premises liability lawsuits differ from other types of lawsuits, and it’s tough to prove the liability. Therefore, most of these cases go on for a long period. It would be better to take the help of an attorney. But before that, you should take care of the following things:
Report the Accident
The first thing you should do is report the accident to both the property owner and local law enforcement authorities. If you get injured in the accident, it’s imperative to call the paramedics to the scene. Reporting the accident serves two purposes.
One is that you receive immediate help in getting out of the situation.
Second is it gets officially recorded and hence will be considered as evidence in the courtroom. There will be witnesses who will give statements about the accident that has taken place and injury incurred.
Keep a Record of the Incidents
In court proceedings, every single detail, however small it might be, matters. Therefore, if the situation permits, you can write down the incidents that led up to the accident. More importantly, you should note the room or hall or the place where the accident took place. Was there any leakage or spills that caused the accident or anything unusual that wasn’t supposed to be there? It’s even better if you record a video.
File a Premises Liability Lawsuit in White Plains: Contact a Premises Liability Lawyer
Finally, you should contact a local White Plains Premises Liability Lawyer to take up your case. There’s a Statute of Limitations applicable on premises liability cases, which varies from state to state. In New York State, it is three years from the date of injury. But it’s better to file the case as soon as possible.
As already mentioned, it’s typically difficult to prove the liability. You need to prove several things like:
- The defendant, in this case, typically owns the property.
- The defendant failed to maintain the property, which resulted in the injury.
- You were injured inside the premises, and it was not because of your carelessness.
Depending on your case, there might be more points to prove to win the case. The defendants will most likely argue that your carelessness and lack of attention resulted in an accident. Make your case stronger by hiring a White Plains Premises Liability Lawyer.
