New York Actual Notice Slip and Fall Injuries
If you believe that a hazard existed on a premises that a manager or owner of the property should have known about, or had received actual notice of but failed to correct, you may have grounds to file an injury lawsuit if you slipped and fell. A New York actual notice slip and fall injury attorney will be able to uncover past complaints from other people or information that indicates that the property owner knew about the risk but didn't take the necessary steps to prevent it.
When previous complaints were already lodged with the property owner, it’s easy to show that he or she knew about the problems and never took the proper actions to correct it. You could wind up in serious trouble if you are a property manager who has received complaints about a dangerous condition like peeling carpet and you ignore it. Someone who is injured in a future accident could use this to strengthen their own personal injury case.
If you were the one who slipped and fell, and suffered injuries as a result of that property owner's failure to act, you may have grounds for a negligence claim. Personal injury lawsuits are unfortunately very common with slip and fall injuries. A vital factor in showing liability for slip and fall accidents is proving that the defendant had notice of an actual hazardous condition. No argument of liability will work if you cannot illustrate that such notice was given or that they had reason to see it.
Evidence on these points can include statements from the defendant or the employees, how long the hazard was there, or the frequency of the inspections onto the property that may have helped to illustrate notice. A property owner or manager in New York has the responsibility to maintain the property in reasonably safe condition. If the defendant failed to warn others about the danger within, but he or she knew about a hazardous risk and didn't correct it, anyone who is hurt in a slip and fall accident can file a lawsuit.
An actual notice slip and fall injury attorney in New York will be able to uncover the relevant legal theories and other evidence that help to support your personal injury claim. The importance of actual notice and actual knowledge is whether or not the property owner actually knew about the existence of the dangerous condition that ultimately caused injury. This is different from constructive knowledge, although that may also be raised in slip and fall injury cases. Constructive knowledge has to do with what a prudent person would have known of the danger. This means that actual knowledge is a determination about what the landowner did or didn’t know prior to the injury occurring.
Any evidence that shows that the landowner was aware of the problem before the period for the injury, will usually be allowed into evidence. Even if there is no clear evidence that the an owner was subjectively informed about the dangerous problem on the property, simple evidence that previous complaints and reports have been received about that dangerous condition are enough to illustrate that the owner knew. Another example of actual knowledge and actual notice include previous orders for work to repair a dangerous condition on the premises. The plaintiff must show that the occupant or the landowner had some type of knowledge about the existence of such a hazard. If you can illustrate this in your personal injury case, it may be the most important aspect of your ability to recover compensation due to slip and fall injuries. You need to act quickly to report these concerns to your actual notice slip and fall injury attorney in New York, so that you can initiate filing a legal claim and getting the money you need to pay for your lost time at work and other expenses tied directly to the accident. With so much on the line, you need help.