How To Determine Liability in a Premises Liability Case?

Godosky Gentile
2 min readMay 7, 2024

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Navigating a slip-and-fall accident on someone else’s property can be complex. Determining who is at fault is crucial in these cases, and the process, known as establishing premises liability, can be tricky. Whether the accident occurs at a mall, workplace, or even a friend’s house, understanding the steps to determine liability is essential.

Here’s How To Navigate It:

Prove The Property Owner was Negligent

To win a premises liability case, you must show the owner/occupier failed to maintain a reasonably safe environment. Look for hazards like wet floors, poor lighting, or broken stairs that caused your accident.

Did They Know About the Danger?

Owners are liable if they knew (or should have known) about unsafe conditions yet failed to address them promptly. Evidence like maintenance logs or employee reports can prove their awareness.

Were You Careless Too?

In some cases, the owner may argue you also acted carelessly, like running in a hazardous area. This could reduce your compensation under “comparative negligence” rules.

Statute of Limitations

In New York, you generally have three years from the accident date to file a premises liability lawsuit. If you miss this deadline, you may lose your right to compensation.

Consult a Premises Liability Attorney in New York

The skilled lawyers at Godosky & Gentile understand these complex liability rules. They’ll fight to maximize your compensation and ensure the negligent party is held accountable.

With the right evidence and an experienced premises liability attorney in New York on your side, you can secure the justice and financial recovery you deserve after a serious accident.

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Godosky Gentile
Godosky Gentile

Written by Godosky Gentile

Experienced attorney who has achieved many successful results in property owner negligence cases.https://www.godoskygentile.com/

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