Senior man on a icy staircase falling

Slip an Fall Accident in NYC? Tips for Proving Fault

The Law Office Of Nicholas E. Tzaneteas

In our previous blog, we discussed how to determine liability in a pedestrian accident case. This time, we’re going to go into detail about what constitutes fault, and what you and your lawyer will need to prove in order to win your case. In any case you need an experienced Brooklyn Premises Liability Accident Lawyer to go to work for you.

Liability recap.

As a quick recap of our last post, the reasons a property owner could be held liable for your injuries include:

  • The property owner caused the spill or circumstance that led to your injury.
  • The property owner was aware of the hazard and failed to address it.
  • The property owner should have been aware of the issue as a “reasonable” person would have discovered it.

What is acting reasonably?

To determine whether the property owner acted reasonably to address or prevent the situation from occurring. Some key factors to consider are:

  • Does the property owner have a routine maintenance checklist and procedure for identifying potential hazards? If so, was it documented?
  • If you tripped over something, did that item serve a purpose? Or, was it left there out of carelessness?
  • Should the property owner have addressed the item or hazard that made you trip? This includes a slippery surface, a spilled item, a bunched rug, an uneven spot in the carpet, an obstruction in the walkway, etc.
  • Was there adequate lighting and signage to warn customers of the hazard?
  • Should the property owner have anticipated this hazard causing a problem?

Did your carelessness contribute to your injury?

This might be more difficult to admit, but sometimes our own carelessness results in an injury. According to All Law, in almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of “comparative negligence” help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. 
For example, you must determine whether you were acting reasonably, had a legitimate reason for being in that location, you were aware of your surroundings, and you were not overly distracted.
Accidents happen- that’s a fact. However, if you or someone you love has experienced a premise injury in New York City, you might have a case.

Contact Your Brooklyn Premises Liability Accident Lawyer 

If you or a loved one has been injured while on the property of another, you need to contact a very skilled and experienced lawyer to take your case. You need to look for an attorney who has successfully handled other premises liability cases. A lawyer who is determined enough and thorough enough to investigate and collect all the necessary evidence to prove the negligence and get the best possible result for you as the client. Contact us for a no-obligation consultation today.

Request a Free Consultation