Slip, trip, and fall accidents are common everyday occurrences. Oftentimes, they are caused by nothing more than a person’s own clumsiness or inattentiveness, and they are able to get up and walk away with no injuries to anything other than their pride. However, there are also plenty of situations where a slip and fall incident has happened because of a New York City property owner’s negligence.
The problem is that proving liability in a slip and fall case can be quite difficult. If you’ve been seriously injured under these circumstances and believe the property owner to be at fault, your case will best be served by an experienced slip and fall attorney who knows what needs to be done in order to hold them responsible.
Duties of a Property Owner
Property owners are expected to uphold a certain level of care when it comes to their premises. This duty specifically means keeping their property free of hazardous conditions that have the potential to harm someone who is legally visiting, whether it’s a personal residence or a business. The owner is required to take reasonable action to prevent foreseeable injuries from transpiring, such as clearing snowy and icy sidewalks.
Proving Liability in a Slip and Fall Case
A property owner’s failure to act reasonably to remove dangerous situations from their premises is what must be shown to prove liability. To come out victorious in court, the injured party must also convince the judge that the owner had previous knowledge of the hazardous conditions and still neglected to remedy the problem in any way.
It’s important to note that trespassers are not given the same rights as those deemed to be an invitee on the property.
Factors Used to Decide a Property Owner’s Negligence
Some of the main factors used to decide whether or not a property owner should be held liable include:
• How long the condition had presented a danger on the premises.
• What records, if any, had been kept concerning the hazardous area.
• Was there a lighting issue that was instrumental in the slip and fall accident?
• If signage or limited access could have prevented the fall from taking place.
• Could the injured party have contributed to the slip and fall in any way on their own?
The New York City slip and fall attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP have a proven track record of successfully representing clients who have been injured on someone else’s property. Our team is committed to seeking justice and helping victims receive a fair settlement to cover their expenses. We can be reached at (212) 986- 7353.