If you have recently been injured in a slip and fall accident, you are likely feeling overwhelmed and uncertain about your next steps. It is not uncommon to experience confusion and concern about how to navigate the legal process, especially when you’re dealing with physical pain and emotional distress. At our law firm, we truly understand the challenges you’re facing and are here to help guide you through every step of your case. You don’t have to face this alone, and we are committed to helping you achieve the best possible outcome.
Proving negligence in a slip and fall case is key to securing compensation for your injuries. New York law allows victims of slip and fall accidents to seek financial relief if negligence was involved. But how do you prove negligence? This can often feel like a complicated and confusing process, but with the right legal help, you can move forward with confidence. Here, we will explain the essential steps in proving negligence, and how our firm can assist you in handling your case to achieve the most favorable result.
The Elements of Negligence in New York
To prove negligence in a slip and fall case, there are several key elements that must be established. These elements are used by the courts to determine whether the property owner or responsible party should be held accountable for the accident. Each element plays an important role in making sure the person or business at fault is held liable for their actions or inactions. Understanding these elements is the first step in building your case.
In a slip and fall case, you must show that the property owner owed you a duty of care, that the property owner failed to meet that duty, and that this failure directly caused your injury. These elements of negligence are often referred to as “duty,” “breach,” “causation,” and “damages.”
First, the property owner must have a duty to keep the premises safe for visitors. This means they are required to fix dangerous conditions or at least warn people about them. For instance, if there is a wet floor or a broken stair, they must take action to fix it or put up a warning sign to alert visitors to the hazard. The second element is the breach of this duty, which occurs when the property owner fails to take appropriate action to address or warn about the danger. This breach can include actions such as failing to clean up a spill, ignoring a safety hazard, or leaving a hazard in a public area.
Once a breach of duty is established, you must show that this breach caused your injury. This is where it becomes crucial to prove that the hazardous condition directly led to your fall. For example, if you slipped on a wet floor because there was no warning sign, the lack of a sign could be the direct cause of your fall. Lastly, you must prove that the slip and fall resulted in actual damages, such as medical bills, lost wages, or pain and suffering.
Gathering Evidence to Support Your Case
One of the most important steps in proving negligence is collecting evidence that supports your claim. In a slip and fall case, evidence can come from various sources, including photographs, eyewitness testimonies, medical records, and even security camera footage.
Photographs can play a significant role in documenting the dangerous condition that caused your fall. If possible, take pictures of the hazard as soon as you can after the accident. For instance, if you slipped on a wet floor, take photos of the wet area, any spills, or the absence of warning signs. If there are any other signs of negligence, such as a broken handrail or a poorly lit area, documenting those conditions can strengthen your case.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Eyewitness testimonies are also crucial. If there were any witnesses present at the time of your fall, their statements can help verify your account of what happened. Their observations can provide support for the idea that the property owner was negligent in maintaining a safe environment. Additionally, any security camera footage that shows the accident or the dangerous condition can be valuable evidence to establish that the property owner failed to address a clear hazard.
Medical records are important as well. Your medical treatment and the injuries you sustained will be a central part of your case. It’s important to keep track of all doctor visits, treatments, and diagnoses related to your injury. The medical records will help prove the extent of your injury and how it resulted directly from the fall.
Demonstrating the Property Owner’s Knowledge of the Hazard
In many slip and fall cases, the property owner may try to argue that they were unaware of the hazardous condition that caused your fall. To prove negligence, it is often necessary to show that the property owner either knew about the hazard or should have known about it.
One way to establish this is by showing that the dangerous condition existed for a long time before the accident occurred. If, for example, a spill was left unattended for hours or days, it may be possible to argue that the property owner had ample time to clean it up or put up a warning sign. Alternatively, if the hazard was a persistent issue—like a broken step or uneven flooring—it could demonstrate that the property owner had prior knowledge of the condition and neglected to repair it.
Should I Take The First Settlement Offer? Steps to File a Personal Injury ClaimRelated Videos
Additionally, if the property owner has received prior complaints about the hazard or if similar incidents have occurred before, this information could be vital in proving negligence. A history of complaints or accidents can show that the property owner was aware of the dangerous condition and failed to take reasonable steps to fix it.
The Role of Comparative Negligence
New York follows a rule called comparative negligence, which means that if you are partially at fault for the slip and fall accident, your compensation may be reduced by your percentage of fault. For example, if you were texting while walking and didn’t notice a wet floor, you could be found partially responsible for the accident. However, even if you are partially at fault, you may still be entitled to compensation. The amount of compensation you receive will depend on the degree of fault assigned to each party involved.
Verdicts & Settlements
It is essential to work with an experienced attorney to ensure that your case is evaluated fairly and that your percentage of fault, if any, is properly considered. We are here to make sure your rights are protected and that you receive the compensation you deserve.
Proving negligence in a slip and fall case can be a challenging process, but you don’t have to face it alone. At Andrews, Bernstein & Maranto, PLLC, we are dedicated to helping victims of slip and fall accidents get the compensation they need to recover. From gathering evidence to negotiating with insurance companies, our team is here to guide you through every step of the process.
We understand the stress and frustration that can come with being injured in a slip and fall accident, and we are here to fight for your rights. Our experienced attorneys will work tirelessly to prove negligence and ensure you receive the compensation you are entitled to for your medical expenses, lost wages, pain, and suffering.
If you have been injured in a slip and fall accident, don’t wait to take action. Contact our firm today to schedule a free consultation and learn more about how we can help you achieve a successful result. Your recovery is our priority, and we are here to help you every step of the way.