Personal Injury and the Holidays: Who's Liable?

Written by
Abraham Jaros
|
Updated on Friday, Oct 20, 2023

Labor Day and other holidays provide a wonderful opportunity to enjoy the company of friends and family. Unfortunately, these celebrations often accompany serious injuries, according to the Centers for Disease Control and Prevention.

If you sustain injuries on Labor Day weekend, it is important that you know how to protect your rights. A serious accident may lead to steep medical bills and lost wages, but you may be able to recover some of these costs in a personal-injury lawsuit. If you were the victim of a recent accident and would like to speak to a New York City personal-injury attorney, contact Jaroslawicz & Jaros, PLLC today for a free consultation at 212.227.2780. Our firm has 30 years of experience defending the rights of the injured, and we always put our clients first. Read on for more information about personal-injury lawsuits pertaining to holiday accidents: What determines liability? Personal-injury cases rely on clearly establishing liability; everything hinges on showing that the cause of the accident was the direct responsibility of the negligent party. The process of establishing negligence depends on the specific facts of the case. For example, if you were injured in a car accident, then you may be able to prove negligence by demonstrating that the other driver was breaking traffic laws, and this behavior directly led to the accident. In a premises liability case, the plaintiff can establish negligence by proving that the property owner was aware, or should have been aware, of the hazard that caused the injury, yet did not take reasonable steps to address the problem. Relationship with the Host Matters In many personal-injury cases, it is important to define the relationship between the plaintiff and defendant. In a premises liability case, for example, the plaintiff may have been an invitee, licensee or trespasser. Invitees are typically family members and friends who are on a property legally but not for a gainful purpose. The host has invited them on the property and, as a result, must provide a reasonable standard of safety. The court considers injured workers to be licensees in premises liability cases. Depending on the details of employment, as well as those surrounding the accident, these cases can be a bit more complicated. Licensees still have the right to a reasonable expectation of safety in a public or workplace environment. If someone is on private property without actual permission to be there, the court considers him or her to be a trespasser. In some cases, trespassing can make it incredibly difficult to recover damages for any injuries sustained on the property; however, this may still be possible. Every personal-injury case is unique, and your best source of guidance is an experienced attorney. If you sustained injuries at a public gathering and would like to consult a personal-injury lawyer in New York City, contact Jaroslawicz & Jaros, PLLC. We can evaluate your case to determine if you have valid grounds for a lawsuit. To schedule a consultation, call 212.227.2780.

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.

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