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Who Is Liable for an Accident on an Easement in NYC?

Posted in Premises Liability on July 19, 2022

Who Is Liable for an Accident on an Easement in NYC?

Being injured on another person’s property could give you the right to compensation for damages under New York premises liability laws. However, determining who is liable for damages could be more challenging if your injury occurs on an easement.

What Is an Easement?

A property easement gives another party the right to use another person’s land without possessing the land. The title owner grants the party the right to use part or all of the land for a specific purpose. The easement could be for a specific period or indefinitely.

For example, a property owner might grant their neighbors the right to use a driveway across their land. Another example of an easement is the right of utility companies to use part of a person’s property to install utility lines.

Who Is Responsible for the Maintenance and Safety of an Easement?

Property owners have a duty of care to maintain their premises in a safe condition for visitors and guests. Failing to maintain the property could result in liability for damages if someone is injured on the property. Therefore, a property owner could be responsible for the maintenance and safety of an easement.

For example, New York City laws require most property owners to maintain sidewalks abutting their property in a reasonably safe condition. That requirement is in place even though the public has a right to use the sidewalk.

However, that does not mean that every sidewalk in the city is the landowner’s responsibility. A premises liability lawyer would research the matter to determine who was responsible for maintaining the sidewalk.

Likewise, the responsibility for maintenance and safety of an easement does not always rest with the property owner. If a company or government entity has an easement across a person’s property, that party could be responsible for accidents occurring on the easement. Lability could be limited to specific situations and circumstances associated with the purpose of the easement.

Keeping an easement in a reasonably safe condition could fall on the landowner or the easement owner. To find out which party had a duty to maintain the easement, talk with an attorney as soon as possible after your injury.

Who Can You Hold Liable for an Accident on an Easement in New York City?

Many different types of easements can be granted under New York easement laws. For example, easements can be granted for public or private use.

A property owner can grant an easement to another person, company, utility provider, or government entity. Therefore, any of these parties could be liable for an accident on an easement. They could also share liability for the damages caused by an easement accident.

Liability for accidents and injuries on an easement might arise because of a general negligence claim. The cause of action could also be the result of premises liability laws. Therefore, it is essential to talk with a New York City easement injury lawyer to determine the evidence you need to prove liability for your injuries and damages.

What Damages Could I Recover for an Accident or Injury on a New York City Easement?

The damages you can receive depend on the severity of your injuries and other factors. However, most people injured on another person’s property can seek compensation for their financial losses, pain, and suffering.

Examples of economic damages in an easement injury case include:

  • Past and future cost of medical treatment
  • The cost of physical, occupational, and other therapies
  • Out-of-pocket expenses and costs
  • Loss of income and benefits
  • Diminished earning capacity
  • The cost of in-home and long-term nursing care
  • Expenses related to personal care and assistance with household chores

Physical injuries can also result in non-economic damages. These damages include:

  • Loss of enjoyment of life
  • Permanent impairment and disability
  • Mental anguish
  • Emotional distress
  • Scarring and disfigurement
  • Diminished quality of life
  • Physical pain and discomfort

Determining the value of your damages is a crucial step in a personal injury case. Insurance companies undervalue damages. Talk with a New York City premises liability lawyer before settling a case if you are unsure how much your injury claim is worth.

What Should I Do After an Accident on an Easement in New York City?

Protecting your right to fair compensation for damages begins with documenting the accident. If possible, take pictures of the condition of the easement. Ask eyewitnesses for their names and contact information.

As soon as possible, notify the property owner of your injury. Ask the owner who has the easement rights across the property so you can notify the easement owner of the injury. If you hire a personal injury lawyer, they can handle these notifications.

Seek medical treatment for your injuries. Document your injuries through medical records, photographs, and personal journals. Also, document your financial damages. An injury lawyer will help you document damages to calculate the value of your claim.

There are deadlines for filing claims for easement injuries. If a government entity is involved, the deadline to file a notice of claim is 90 days. Therefore, contact a personal injury attorney immediately after an injury or accident.

Contact Our Premises Liability Law Firm in New York, NY

If you need legal assistance, contact the New York City premises liability lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600