As a parent, one of the scariest things that can happen is harm befalling your child. If your child gets injured on someone else’s property, besides ensuring they are okay, you are likely wondering what your legal rights and options are. It is crucial that you take effective steps to protect your child and your legal rights after an incident like this. For more information, continue reading and consult with an experienced New York injury lawyer today.
What is Premises Liability?
Premises liability is a property owner’s legal responsibility for accidents and injuries that occur on their property due to dangerous conditions. In New York, homeowners, business owners, renters, landlords, and more are all required to maintain their property in a reasonably safe condition for lawful guests, especially when visitors have been invited.
If an individual becomes injured as a result of the property owner’s negligence or recklessness, the owner can be held liable for the damages.
What if My Child Was Injured on Someone Else’s Property in NY?
If your child was injured on someone else’s property, your first priority should be ensuring their health and well-being. Get them to the doctor, call an ambulance, or take other steps to ensure they are medically evaluated. This helps make sure that all injuries or ailments are identified and treated, and creates a paper trail of the child’s medical records, tying their injuries to the incident.
Next, it is important to consider whether the property owner was negligent in maintaining a safe environment. Did the owner fail to identify or address dangerous conditions like a leak, broken staircases, etc.? If so, the property owner could be held liable for the injury. In order to establish negligence, you must be able to prove the following four elements.
- The property owner owed the child a duty of care to maintain a safe environment
- The property owner breached the duty of care
- The breach of duty caused the accident and injury
- The child suffered real damages as a result
Because children may be less capable of recognizing danger and avoiding hazards, the duty of care owed to them by property owners is often higher. While an adult may be able to see and avoid a potential hazard, the same warning bells may not ring in a child’s mind, depending on their age.
Documentation and evidence are critical when attempting to file a premises liability claim or lawsuit. If possible, take pictures of the scene of the accident and any hazards or conditions that may have contributed to the injury. Gather witness information as well and file an incident report.
One of the most valuable things you can do to protect your child’s rights after an injury is to work with a skilled attorney. Premises liability law can be complex, so work with a skilled injury lawyer for legal advice and representation.
