A slip and fall accident can have a serious impact on your life, health, and finances. When you are not at fault for the accident, there is the added responsibility of determining who is legally liable so you can effectively pursue the necessary compensation. Below are a few ways slip and fall attorneys prove liability in these types of cases.

The Role of Owners or Employees

A property owner can be held liable if one of three facts can be proven. In the first, the owner — or, in the case of a business, their employee — must have caused the unsafe condition that led to the fall. An example of this would be an untended spill on a restaurant floor that caused you to slip.

Another scenario that can establish fault would be an owner or employee who was aware of a dangerous condition and did nothing to remedy it. For instance, a loose flooring tile you slipped on was not cordoned off with safety cones or adequate warning signs.

In the third situation, the owner or employee is responsible because a reasonable person would have been aware of the safety issue and taken steps to address it. The term “reasonable” is open to interpretation. Slip and fall attorneys, as well as judges and juries, typically interpret the term as another way of saying “common sense.” If a business owner did not shovel their sidewalk after a snowstorm and you fell as a result, common sense would dictate that they were responsible for shoveling their walkway and providing a safe surface for customers.

Your Role

Your part in the accident may also factor into how fault is assigned. Your slip and fall attorney will discuss ways you could have contributed to the incident. For example, were you distracted by looking at or talking on a cellphone? Did you ignore warning signs, like caution tape or safety cones? Did you have legitimate cause to be walking in the location of the unsafe surface? Answering “yes” to any of these questions may reduce, limit, or prevent you from seeking compensation.

If you've fallen on another person's property, visit a slip and fall attorney to explore your legal options and best determine who is legally responsible. The personal injury lawyers at Neimark & Neimark have over a century of combined experience representing clients in Orange and Rockland counties, NY. From car accidents and slips and falls to work injuries and medical malpractice cases, they are here for you. Call (888) 725-7424 or visit their website to schedule a free consultation.