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How to Prove Fault in a Slip-and-Fall Case January 10, 2019

Bayside, Queens
How to Prove Fault in a Slip-and-Fall Case, Queens, New York

While there are a variety of hazards that contribute to slip-and-fall incidents, many are caused by property owner negligence. Under these circumstances, a victim may seek compensation for their losses. However, proving fault in such cases can be challenging, making it important to get help from an attorney. Below is an overview of how to prevail when pursuing damages for a slip-and-fall.

What to Know About Proving Fault for a Slip-and-Fall Accident 

Establishing Liability 

To be successful in a slip-and-fall case, victims must be able to establish the property owner’s liability. This means proving the property owner was unreasonably negligent in maintaining a hazard-free environment and that negligence directly led to the injuries sustained. Typically, the injured party must prove the property owner caused the dangerous condition, they knew about the danger but didn’t try to fix it, or they should have known about the danger and eliminated it.

Demonstrating What Is Reasonable 

attorneyFor an attorney to prove that the property owner’s behavior was unreasonable, they must be able to demonstrate the owner did not make a thorough effort to keep the property safe. The general condition of the property will need to be evaluated, and there should be evidence that shows the owner did not perform consistent maintenance and cleaning. Other factors considered include how long the hazard was present, if there was a legitimate reason for it to exist, and whether or not a simple barrier or warning sign could have prevented the fall from happening.

Disproving Comparative Negligence 

It’s not uncommon for property owners to claim that a slip-and-fall victim was partially to blame for the accident. As such, an attorney must be ready to argue their client didn’t play a role in causing their own injuries. To receive full compensation, it must be proven the injured party didn’t ignore any warning signs or behave in a manner that increased their risk of falling. 

 

 

If you suffered injuries in a slip-and-fall accident that you believe can be attributed to property owner negligence, contact Bronnberg & Henriquez PC. Serving the Bronx, Queens, Nassau, and Suffolk counties, NY, the firm offers more than 30 years of combined experience and a team of attorneys who are well-versed in New York personal injury law. They will help determine if you have a valid cause to take legal action, and if so, guide you through the proper process of filing a claim to recover the damages you deserve. Call (718) 714-8542 to schedule a consultation at the Bayside or Garden City location or visit their website for more information on their personal injury experience. 

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