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Brooklyn, NY Legal Blog

Tuesday, February 12, 2019

How To Establish Liability For A Slip And Fall Accident

Have You Been Injured in a Slip and Fall? You May Have Rights.

Victims who suffer preventable injuries in a slip and fall accident may have a right to pursue legal recourse. If a slip and fall occurs on another person's property, victims may be able to file personal injury claims against the property owner. In order to recover compensation under New York premises liability law, however, victims must prove several legal elements. As cases and situations can vary, it is crucial to have a New York slip and fall attorney review your case to determine how these legal elements may be applied to the facts of your accident. In some cases, time may be of the essence and a delay in retaining the services of a New York personal injury attorney may cause you to be precluded from filing a personal injury claim against an at-fault business or property owner.  The Law Offices of Effie Soter, P.C. is available to discuss your case 24/7, so call today.

Proving Liability for a Slip and Fall Accident

Generally, slip and fall victims will have a right to pursue a recovery of their damages if it can be proven that premises owners failed to uphold their duty to keep visitors, tenants, and/or guests free from preventable harm. If premises owners (1) owed a legal duty to victims and if they (2) breached this duty, (3) this breach duty was the proximate cause of your accident, they can potentially be held liable for victims' damages.

Proving these three elements will require victims to prove the following:

  • The defendant owned the property – premises owners are individuals or entities that legally own a property, including residential properties or commercial businesses. Premises owners do not have be present in order to be held responsible for a slip and fall accident.

  • Victims were lawfully on the property – premises liability law does not cover trespassers, although exceptions may be made in some circumstances, particularly those involving children who wander off. Generally, though, premises liability covers visitors, guests, and licensees, which may include professionals who have permission to be on the property.

  • Hazardous conditions existed and were not properly addressed – premises owners are required to take reasonable steps to protect visitors and guests from preventable harm. Wet and slippery floors without a posted warning, for example, are hazardous conditions that premises owners – or employees for whom they are responsible – should address immediately. Negligence can occur as a result of failing to address potential hazards or failing to warn visitors of potential hazards.

  • Victims suffered injuries– when it can be proven that premises owners failed in some capacity to address potential hazards, it must then be proven that victims more likely than not suffered harm as a result of these conditions. Victims may be eligible to recover any physical, emotional, and financial harm they suffered.

Contact The Law Offices of Effie Soter, P.C. For The Help You Need

Premises liability can be a complex area of law, and slip and fall cases are often challenging. When these claims are brought against corporations or commercial businesses or residential property owners, legal teams are often employed to contest claims and avoid payouts. This is why working with a New York slip and fall attorney from The Law Offices of Effie Soter, P.C. is so crucial.

Injuries sustained on business premises can range from small cuts or abrasions, to bone fractures, to traumatic brain injuries and in some instances death. The insurance company for the business or property will likely be supplying the coverage in your personal injury case. Insurance companies and their adjusters will work to minimize compensation for the claim in order to save their company money. For this reason, it is important to work with a New York slip and fall attorney who understands how to maximize your recovery for your claim.

The New York personal injury lawyers at The Law Offices of Effie Soter, P.C. can take on the insurance company and file the necessary claim or lawsuit against an at-fault business or corporation or property owner. To schedule a free consultation and case evaluation with a New York personal injury lawyer, please call us today at (646) 504-7384, or contact us online.  Time may be of the essence to file a timely claim.

 


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