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Who is Liable for a Slip and Fall Accident?


— August 18, 2022

Personal injury cases involving premises liability are more likely to proceed to trial than to be resolved out of court, which is all the more reason to have a lawyer represent your case.


When someone is hurt because they slipped, tripped, or fell on another person’s property, they may bring a personal injury claim against the liable party. The legal notion of “premises liability” encompasses negligence cases such as “slip and fall” accidents.

This type of accident holds that a property owner may be held legally accountable for injuries sustained on the owner’s premises if the injuries are the direct result of the owner’s negligence. All property owners must ensure the safety of their properties for their invitees, visitors, customers, and patrons.

Common Slip and Fall Hazards

Conditions and time of year affect the likelihood of slipping and falling. The accumulation of ice and snow on outdoor surfaces, including pathways, stairways, parking lots, and sidewalks, mostly in winter, can have disastrous results if not removed.

Poor lighting often makes bad parking lot and sidewalk accidents caused by uneven ground, potholes, and cracks. Inadequate lighting on staircases and steps, whether indoors or outdoors, can cause people to trip and fall, resulting in catastrophic injuries.

Indoors, electrical cords or wiring that has been haphazardly construed and left out, slippery floors, debris, and clutter left in walkways are all potential causes of slip and fall accidents that may result in a personal injury claim.

Who is Liable for a Slip and Fall Accident?

In all cases involving personal harm, especially premises liability, determining fault offers its unique obstacles. If you are found to be partly at fault, you will still be compensated. However, the amount you get will be directly related to your degree of liability.

The key to obtaining reasonable compensation after a slip, trip, or fall injury is proving that the bulk of ‘blame’ falls upon the defendant. It will be necessary to investigate the state of the property at the time of the incident to establish liability. To win a slip-and-fall case in court, you must prove that the property or company owner did not take reasonable precautions to ensure the safety of guests and customers.

Person at bottom of stairs; image by Free-Photos, via Pixabay.com.
Person at bottom of stairs; image by Free-Photos, via Pixabay.com.

To establish liability, it is usually necessary to show that the defendant knew or should have known that a hazardous condition existed on the property and did nothing to remedy it, even though entry to the property posed a risk to anyone. Try to document the accident scene as soon as you are out of harm’s way. Even a few photos taken with your phone can add value to your claim.

When Should You File a Lawsuit?

You can file a claim for compensation or file a lawsuit with a slip and fall accident lawyer in New York if you were hurt in a public place like a grocery shop, at work, or in your own home.

There is a three-year statute of limitations in New York for filing slip-and-fall lawsuits. However, depending on the details of your case, you might have less or more time. Consult a lawyer to learn the time limit that applies to your case.

Personal injury cases involving premises liability are more likely to proceed to trial than to be resolved out of court, which is all the more reason to have a lawyer represent your case.

Why You Should Hire a Personal Injury Attorney?

You would benefit greatly from speaking with a slip and fall lawyer before making a final decision. This is a great opportunity to talk about what happened, the strength of your case, and the legal options open to you. It would help if you did not let the widespread prejudice against victims, lawyers, and lawyers’ clients discourage you from seeking justice.

Get in touch with a personal injury lawyer if you have been injured in a slip and fall accident caused by someone else’s negligence. An attorney can help prove that the defendant was at fault for your injuries. A legal expert will fight for your right to fair compensation after an accident.

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