Types of Liability in New York Personal Injury Cases

Types of Liability in New York Personal Injury Cases

An accident can happen to anyone. While they are sometimes a result of a person’s own wrongdoing, they can also happen as a result of another person’s failure to provide a standard of care. A personal injury accident is when a person is injured at the expense of another individual’s negligence. When this happens, the injured party may want to file a personal injury lawsuit to hold the negligent party responsible. During this time, it is important for the injured party to know how they were hurt and who is at fault for the injury.

Premises Liability

A premises liability case may be pursued if an individual became injured as a result of another party’s failure to take care of their property. Situations that fall under premises liability law include slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more.

Property owners in New York have a legal obligation to maintain safe property conditions so that people are safe when they come onto their grounds. This requires them to provide a duty of care towards individuals who are injured on their property. The duty of care holds them responsible for making repairs to their property, warning people about unsafe conditions, making the property safe, and providing necessary security measures.

To prove another person was responsible for an injury, the injured party must prove two things: this party was responsible for taking care of the property on which they were injured and the injuries were a direct result of their failure to do so.

Product Liability

A person may wish to pursue a product liability lawsuit if they are injured because of a flawed product. This can happen if a mistake is made or manufacturers deviate from the usual protocol during production and a person becomes injured as a result. 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

It is important to know that there is a statute of limitations on personal injury cases. 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

At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice claims process. Our firm understands how traumatic it can be when you become a victim of medical malpractice. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.

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