Thousands of people in New York get injured from slip and fall accidents every year, but every incident does not warrant legal action against the property owner.
In fact, even when a property owner has been somewhat negligent in property maintenance, it can be quite difficult to prove that the owner of the property is directly responsible for a slip and fall accident. Moreover, property owners cannot be held responsible for accidents that any reasonable person could have avoided just by being more careful!
Generally, here are some common rules of thumb to assess intentional negligence of property owners in a slip and fall related personal injury case:
- In case of a private property, was a private property owner aware of a dangerous situation in his property and failed to take adequate measures to avert slip and fall accidents?
- In case of a private property, did the private property owner alert the visitors or guests about the dangerous spots in the property like a slippery floor or an unsteady hand rail?
- In case of a public property, did the public or municipal property have sufficient sign posts or warnings to alert people of impending danger at particular spots?
- In case of a commercial property, did the property owner discover the danger on time and take remedial measures to avoid accidents?
Determining Liability in Slip and Fall Accidents
If you get badly hurt during a slip and fall accident on someone else’s ill-maintained property in NY, you will need to demonstrate one of the following conditions to build a convincing personal injury case against the property owner:
- The property owner should have discovered the dangerous condition because another, “reasonable” person in his or her position would have discovered the dangerous condition and fixed it.
- The property owner or caretaker was aware of the dangerous condition but failed to take remedial measures like repairing the problem or providing warning signs.
- If any of the above conditions is true, then the property owner caused the dangerous condition resulting in a slip and fall accident.
The first condition is usually the one that is most used in NY slip and fall litigations, though the situation “should have discovered” is hard to prove. If the available evidences and arguments are presented in a convincing manner, then the case can tip in favor of the plaintiff. Finally, it is up to the jury to decide whether the property owner “should have discovered” the dangerous condition or not.
Rule of Comparative Negligence Used as a Basis for Judgment
In most US states, a term called “rule of comparative negligence” is used to determine if the slip and fall victim somehow contributed in part or whole, to the accident. If the defendant can show that the plaintiff’s own negligent action like walking and talking on a mobile at the same time led to the slip and fall, then either the case will be dismissed or the damage claims will be substantially reduced by the jury.
Legal Avenues Available to NY Slip and Fall Accident Victims
One of the first things that you, the victim of a slip and fall accident, should do is contact a reliable personal injury attorney in New York. If you need to contact the defendant’s insurance company to claim damages, you should do the talking through your appointed attorney as they are adept at negotiating settlements for a slip and fall accident.
If you and your attorney decide to go to court to retrieve damages from the guilty party, you must have sufficient evidence to prove that you were not negligent in any way when the accident happened. During a court case, many notices have to be sent and deadlines have to be met for court proceedings; so it is always better to engage a proficient NY personal injury attorney.
In a slip and fall accident case, you must get judicious advice from an expert legal team in New York, so immediately contact the Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212 697 9280. They will do their utmost to get you the justice you deserve.
212 697 9280 – call this number. You pay us nothing up front. We are only paid when you are paid.