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elements of a premises liability claim

When someone owns or rents a piece of real estate, they must be careful to protect visitors from harm.

The duty that a landowner owes to others who are harmed on their property depends on what is reasonable under the circumstances.

If you were injured by the conditions on someone else’s property, reach out to our legal team at the Law Offices of Theodore A. Naima. We have decades of experience advocating for victims who suffer injuries on someone else’s land.  

When Is a Landowner Liable for My Injury? 

A premises liability case is generally like any other negligence case. If you sustain an injury on someone else’s property, you must first identify the responsible property owner.

Then you must establish through evidence all of the elements of a premises liability claim. Specifically, you must prove that the property owner: 

  • Owed you a duty of care,
  • Unreasonably failed to fulfill that duty of care, and
  • Caused you foreseeable harm because of their unreasonable failure. 

The case Basso v. Miller addresses the issue of whether a property owner owes you a duty of care and, if so, what type of duty of care they owe.

The court found that it depends on whether or not the owner should have foreseen your visit to their property and the likelihood that you would suffer an injury during your visit. 

If an owner invites you onto their land or knows you are coming, their duty to protect you might be more significant than their duty to protect a trespasser or unexpected company.

An owner’s duty can also increase when they know or should know about non-obvious, dangerous conditions on their land—compared to hazardous conditions that are unknown to the owner or obvious to the visitor.

There are many nuances to proving that a landowner is financially and legally responsible for your injuries, so it is crucial to speak to a seasoned attorney as soon as possible after suffering harm. 

What Damages Are Available in a Premises Liability Lawsuit? 

In a premises liability case, you can win:

  • Economic damages to pay for your present and future financial losses, 
  • Non-economic damages to compensate you for your pain and suffering, and 
  • Punitive damages to punish a defendant who engages in exceptionally poor behavior that causes you harm. 

You deserve to be compensated for any damage a negligent or bad actor has caused you. However, New York law will reduce the amount you can recover by any percentage of blame you had for the cause of your injury.

A skilled premises liability attorney can maximize your recovery in a premises liability lawsuit by proving the harm you suffered was severe and that you had little to no responsibility for your injuries. 

Premises Attorney Theodore A. Naima Can Help

At the Law Offices of Theodore A. Naima, we have helped thousands of personal injury victims.

Theodore A. Naima has 25 years of trial experience and is the recipient of several honors in the legal community. 

Not only is Theodore experienced and successful in his personal injury practice, but he also meets each client with compassion over their misfortune and a sincere desire to help.

Contact our firm online or call us at 516-280-7311 today.

Author Photo

Theodore A. Naima

Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.

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