Buffalo Premises Liability Lawyer

When someone buys or leases property, they become responsible for the safety of the people within. This could be any type of property from commercial buildings, land, parking lots, airports, driveways, swimming pools, restaurants, parks, private residences, and more. 

These cases can be complex, especially because nearly any owned structure and open spaces carry liability. Crucial pieces of evidence are also likely to disappear or change quickly in some types of property. 

If you or your loved one has suffered injuries from what you believe is the owner’s negligence, you may be eligible for a premises liability claim. To protect your rights to compensation, consult a Buffalo premises liability lawyer after the accident. At Brown Chiari LLP, we’ve helped thousands of traumatic injury victims find justice and are ready to discuss your case. 

How to Prove Liability in a Buffalo Premises Liability Claim

Just like all injury claims, proving liability will require evidence of negligence. The specifics of each of the elements, however, will differ. Because of this, you’ll need to prove all these whether you slipped and fell or were hurt in another way, but your evidence will differ greatly.  

Unsure what evidence you need to prove liability? Read on. 

Proving Duty of Care in Buffalo Premises Liability Cases

When someone owes you a duty of care, they must act a certain way to ensure your safety. To prove a duty of care in a premise liability case, you must show:

• The liable party owns, oversees, or manages the property in which you got hurt
• You were on the property lawfully 

For example, the evidence you bring may include that you were a Buffalo resident who was not trespassing. You may also need to prove that the liable party was your landlord, for example, or a business owner. 

Breach of Duty

A Buffalo property owner is guilty of breaching their duty of care if there’s proof of the defective condition that caused your injury, their knowledge of the danger, and failure to fix it on time.

Situations resulting in a breach of duty for premise liability are numerous. Here are a few examples:

• Inadequate or poor lighting
• Unmarked wet floors
• Failure to uphold state building and construction standards
• Exposed wires, risking fires and electrocutions
• Lack of regular inspections and maintenance of elevators

The Breach of Duty Caused Your Injuries

Next, there must be proof that the Buffalo defendant’s negligence you just identified caused harm to you or your loved one. 

Insurance companies may try to argue that you had a pre-existing condition, but our attorneys can prove them wrong through expert witnesses and supporting evidence. 

Proof of Harm

And finally, you must show proof of the damages you’re seeking compensation for. If you claim you suffered broken bones, head trauma, or property damage of a certain value, you must present evidence to receive a settlement. 

You can show hospital bills, employer letters showing lost wages, a doctor’s report, and more.

How Entrant Status Impacts a Buffalo Premises Liability Case

After proving negligence in a Buffalo premise liability case, there’s one other factor that might affect your claim and compensation. This is your entrant status during the time of the accident. 

Entrant status is the legal right you hold to be in a particular place, and is classified into three categories:

• Invitees – The owner had invited you into their premises in one way or another. Examples include a customer or guests in a private party. Here, the defendant owes you full liability.
• Licensees – You entered a property for your own purposes, such as a friendly drop-in on your neighbor or a salesman.  
• Trespassers – A property owner owes zero duty of care to persons who are illegally on their property unless the trespasser is a child or is known to the owner.

How Much Is My Buffalo Premises Liability Claim Worth?

The best way to determine how much you’re owed is by reviewing your case with an injury attorney. They will calculate this by compounding all your losses and assigning a monetary value. 

Economic damages like lost wages, medical bills, and property damage are easy to determine because you have receipts. These damages have a monetary value assigned to them and should be added or estimated together.

However, non-economic damages like physical pain, mental suffering, and loss of consortium lack a dollar value. This makes it difficult to quantify them, but injury attorneys have state- or court-approved formulas to determine a satisfactory amount. 

If the court thinks the defendant’s action involved willful misconduct or egregious negligence, the judge might award punitive damages as well to punish them.    

Call a Buffalo Premises Liability Lawyer for Legal Support

To recover damages suffered from a premises liability accident, you’ll need to collect solid evidence that builds a strong case and counters defenses. You have to be on top of things without failure. That’s tough when you’re hurt and suffering.

Let our results-driven attorneys take this legal burden off your shoulders and pursue maximum compensation as you recuperate in peace.

Speak with a Buffalo premises liability lawyer from Brown Chiari LLP by calling our city offices at 716-681-7190. You can also fill out our contact form on this page to get started.