Sustaining injuries after a slip and fall accident may leave you wondering
who is responsible for the accident, whether it was caused by a wet floor,
an uneven ground, or a defective staircase. Proving that the accident
happened on someone’s property isn’t enough – these
types of cases require that you prove the property owner is completely
liable for the injuries your accident caused. In this blog, our Long Island
personal injury lawyer shares what you must prove in a slip and fall case.
Proving Negligence & Liability
In order to find the defendant in a slip and fall case negligent, your
case must prove that the property owner did not act the same way a reasonable
property owner would have under similar circumstances. There are several
factors that are considered when determining negligence and liability:
Was poor lighting or visibility a potential cause of the accident? Did
the property owner have sufficient time to take care of the dangerous
condition before the accident occurred? Did the property owner violate
a policy of regularly checking for any hazards on the premises?
Proving You Didn't "Cause" The Accident Yourself
In these types of cases, the property owner will argue that you are partially
or totally responsible for the injuries you’ve sustained from the
slip and fall accident. Under the comparative fault rule, your personal
injury claim settlement can be reduced by the percentage that’s
equal to your share of fault. For example, if a settlement is $10,000
and you’re found to be 20% liable for your injuries, your settlement
will be reduced to $8,000. Because the comparative fault rule exists,
it is extremely important to build the strongest case possible that shows
the property owner is completely at fault for the accident.
The Long Island personal injury attorneys at Gruenberg Kelly Della have
recovered $100 million for past clients during their time of need. We
prepare each case to win, and our representation is personally tailored
to fit your specific needs. Put our 50 years of combined experience to
work by calling (888) 305-6472 today or fill out our online form to
request a free case evaluation.