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Establishing negligence in slip and fall lawsuits can be tricky

On Behalf of | Sep 23, 2016 | Hazardous Conditions

Every year, thousands of people suffer injuries due to dangerous conditions on the properties of others in New York. Slip and fall accidents can cause severe injuries that may lead to the need for long-term medical treatment. If the accident occurred due to the negligence of the property owner, recovery of damages might be pursued.

Slip and fall accidents can occur inside buildings or on the surrounding property. Indoor hazards can include uneven flooring, damaged carpeting, inadequate lighting, dangerous staircases, wet spots and more. Outside areas that are neglected can have broken sidewalks, potholes in parking areas and more along with the hazards typically associated with rain, snow or ice. Before a lawsuit can be filed against a property owner, it must be determined whether he or she was aware of the hazard, or should have been aware of it, and failed to address it.

Furthermore, the nature of the hazard must have been something that the plaintiff could not have anticipated and avoided. Any person who has been the victim of a slip and fall accident can benefit from knowing what information to gather that may help to prove liability. If possible, the victim will need to get the details of witnesses to the incident along with any other evidence at the scene. Writing down exactly what, where and when the incident occurred and saving any bills and receipts related to the expenses involved with the injury will also be valuable.

If a New York resident suffers a slip and fall injury on a property of the government, the victim’s rights are not the same. There are different laws related to personal injury claims against government agencies. Regardless of where the accident occurred, the best step for a victim may be to consult with an experienced premises liability attorney who can navigate the civil lawsuit on his or her behalf. If such a claim is successfully presented, a monetary judgment may be entered to cover documented claims for losses and damages brought about by the incident.

Source: personalinjurybureau.com, “Slip And Fall Accidents“, Accessed on Sept. 17, 2016

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