Types of Liability in New York Personal Injury Cases
Accidents can happen anywhere, at any time, to anyone. In some cases, they are at an individual’s own fault. Other times, accidents can happen as a result of another person’s failure to provide the lawful standard of care to others. When someone is injured at the expense of another person’s negligence, it is known as a personal injury accident. When this happens, the injured party may wish to pursue a personal injury lawsuit against the negligent party. In doing so, it is crucial that the injured party to understand who is at fault and why.
Premises liability cases happen if a person becomes injured as a result of another party’s failure to take care of their property and make sure that it is safe. Situations that fall under premises liability law can include slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more.
Property owners in the state of New York have a legal obligation to keep their property in a safe condition. This is so that when people come onto their property, they are safe and cannot be harmed. As a property owner, an individual is required to make repairs to their property, warn people about unsafe conditions, ensure the property is safe, and provide necessary security measures. When people are injured on another property, the property owner can be held liable for negligence.
To prove another party is responsible for an injury, the injured party must prove two things: the party was obligated to take care of the property they were injured on and their injuries were a result of this party’s inability to do so.
A product liability case is seen when a person is injured because of a defective product. This can happen if a mistake is made or manufacturers deviate from protocol during the production of a consumer item. When this happens, products can become faulty and injure an individual. There are three main categories of defects seen in product liability cases:
- Design defect: This is seen when a designer does not account for a user’s safety when creating the product
- Manufacturer defect: This is seen when a manufacturer strays from the usual production process, causing the product to injure someone
- Failure to warn: This is seen when a company fails to provide a warning label for a product that can hurt someone if it used incorrectly
Statute of Limitations
When an individual is involved in a personal injury accident, it is important that they not wait too long to file a claim if they wish to pursue a lawsuit. This is because there is a statute of limitations on doing so. This requires an injured party to file a claim for a personal injury lawsuit within a certain amount of time or they will no longer be able to do so. The statute of limitations for a personal injury case in New York is three years.
Contact our Firm
If you or someone you know was injured in a personal injury accident and wishes to speak with an attorney, contact the Law Offices of Hausman & Pendzick today.
Hausman & Pendzick effectively represents victims of neglect in Westchester County and across the state of New York. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.