Proving Liability in Slip and Fall Accidents: Key Factors and Legal Considerations

Proving liability in a slip-and-fall accident isn’t easy, especially since the circumstances of your case play a crucial role.

Liability for slip and fall accidents in New York is based on the legal concept of premises liability, which states that the property owner is responsible for keeping their premises safe.

Slip and fall accidents can result in minor, mild, or severe injuries requiring long-term care. In some instances, victims are also unable to work for extended periods. With medical bills, lost wages, the pain of recovery, and other complications, slip-and-fall accident victims are often left to fend for themselves.

However, if you work with a slip-and-fall accident attorney, you could receive compensation for all your damages and losses. But how can you prove liability in these types of accidents?

Premises Liability Laws in New York

To prove premises liability in New York, you will need to establish the following:

• Identify the property owner of the area where the slip and fall occurred and prove that they had a duty of care to keep their premises safe
• Demonstrate that the property owner breached their duty of care as they didn’t maintain safe conditions on their premises
• The property owner’s negligence caused your slip-and-fall accident
• The slip and fall accident resulted in your injuries

Slip and fall accident victims must collect evidence to prove the abovementioned factors. This can be in the form of photos or video footage of the hazardous conditions on the property.

Victims can also use witness statements in their claims and medical records documenting the extent of their injuries. This is why it’s important to get witness names and contact information before leaving the accident scene and requesting an ambulance to treat your injuries.

Working With a Slip and Fall Accident Lawyer

In New York, several legal considerations may come into play in your slip and fall accident case. For example, the statute of limitations is three years from the accident date.

If you fail to report the accident and file a personal injury claim within this period, your claim might be dismissed and be barred from receiving compensation. Another important legal consideration to keep in mind regarding slip and fall accidents in New York is that the state follows the comparative negligence system.

This means that your negligence might be taken into account when liability and damages are determined, and you might lose some of your final compensation. Because of this, it is crucial to prove liability and have the smallest percentage of fault or none at all. To do this, slip-and-fall accident victims should consider working closely with a slip-and-fall accident lawyer.

These types of lawyers can help you throughout your case, present you with your legal options, gather evidence, and negotiate on your behalf with the insurance companies. A lawyer will also help you file a lawsuit. No matter what happens in your case, a lawyer can help you prove fault and ensure that you are rightfully compensated for your troubles.

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