You Were Legally on the Property: To have a valid premises liability claim, you must have been lawfully on the property, either as an “invitee” or a “licensee.” If you were trespassing without permission, you may not be eligible to file a claim.

You Sustained an Injury: You must show that you were injured while on the property and that the injury resulted in measurable damages, such as medical expenses, lost income, or pain and suffering.

The Property Owner Owed You a Duty of Care: New York property owners owe varying levels of care depending on your legal status. Invitees, such as customers, are owed the highest duty, while licensees are owed a lesser duty. Trespassers, in most cases, are not owed a duty of care.

The Property Owner Was Aware of a Hazardous Condition: You must prove that the property owner knew, or reasonably should have known, about the dangerous condition that caused your injury. If the property owner had no way of knowing about the hazard, liability may not apply.

The Property Owner Breached Their Duty of Care: This typically involves failing to maintain the property, repair hazardous conditions, or provide adequate warnings about potential dangers to visitors.

The Breach Directly Caused Your Injuries: You must demonstrate that the property owner’s negligence was the direct cause of your injury and that the accident would not have occurred if they had upheld their duty of care.