Legal Question in Personal Injury in New York
personal injury law
If a person is injured on business property and a settlement cannot be reached, can the injured put a lien on the business property for the amount demanded?
2 Answers from Attorneys
Re: personal injury law
no. There must first be a resolution of the matter and a judgment must be filed. The judgment acts as a lien on real property and allows the creditor to attach the assets of the business.
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Re: personal injury law
Not unless there is a founded fear that the business will squander its capital to avoid paying the victim if the victim (who must establish a very strong possibility of success on the merits of their case) succeeds. It is called a "Yellowstone Injunction and is very rarely used especially in personal injury suits.
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