What Do I Need to Prove If I've Been Injured in a Slip and Fall Incident in New York?
If you were injured in a slip and fall incident in New York State, you may be wondering what you need to prove in order to successfully pursue a Personal Injury claim. Slip and fall accidents can result in serious injuries, and it is important to understand your legal rights and options.
Property owners have a duty to keep their premises reasonably safe and to warn visitors of any known hazards that may not be obvious to them. If you were injured in a slip-and fall accident, you will need to show:
- Whatever caused you to slip and fall was a defective or dangerous condition. This may include different types of defects, for example, failure to clean up spills or debris, a failure to repair or replace broken stairs or handrails, defective conditions in a parking lot, or a failure to warn visitors of a known hazard.
- That the property owner had actual knowledge of the defective condition or should have known about it.
- That the property owner had the opportunity to correct the defective condition and failed to do so.
- That the defective condition caused you to fall, and that the fall was the cause of your injuries.
In addition to these elements, it is important to note that New York has a comparative negligence law, which means that your own actions may be taken into account when determining fault and damages. If you were partially responsible for the accident, your damages may be reduced by the percentage of fault that is attributed to you.
It is critically important to gather evidence of the defective condition as soon as possible! Take photos or videos of the defective condition, report the fall to the property owner immediately, AND get a copy of the report, gather witness testimony, or obtain records of prior complaints or incidents. An MCV Law attorney can assist you with many of these steps. It is important to document the condition as soon as possible after the accident, before the property owner can alter the area to conceal the defect.
If you've been hurt in a slip and fall incident, your chances of having a successful claim are much higher if you work with an experienced Personal Injury attorney who can help you gather and present evidence of notice. An attorney can also help you negotiate with insurance companies and other parties to ensure that you receive fair compensation for your injuries and damages.
MCV Law offers free initial consultations, and our attorneys work on a contingency basis, meaning that you pay us nothing until we win you compensation, at which point our fee is simply a small percentage of the damages paid to you by the at-fault party's insurance company. You must file a claim within a certain timeframe after your injury. Connect with our team today to get started!