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New York Slip and Fall Liability

Have you recently been hurt in a trip and fall or a slip and fall accident? If so, there's a good chance that you have questions about your future. Slip and fall cases are under the umbrella of premises liability law. This means that you have sustained personal injuries on someone else's property and are curious about their liability. Liability refers to a person's legal responsibility to compensate you for the injuries you have sustained due to lack of care.

Slipping and falling or tripping and falling are incidents that people likely experience at least once over the course of their life. However, in some cases, these accidents might turn out to be more severe, leading to critical personal injuries. If someone else's negligence caused your slip and fall injury, a personal injury lawsuit may be filed. You don’t have long to do this, though.

Many people who get hurt in a slip and fall get a catastrophic injury. The signs of such an injury are not always immediate; it can take hours or days for these conditions to develop. In any case, you need a lawyer who will work hard to figure out when you have grounds to pursue a full and fair personal injury claim.

If the occupier or the owner of a property in New York has failed to remove dangers, even though they had the knowledge and ability to do so, you need to hire a New York slip and fall liability attorney immediately. A slip and fall liability attorney in New York will be an important asset as you move forward with a legal claim. A New York slip and fall liability lawyer can help you file a personal injury lawsuit against the responsible parties so you can recover maximum compensation.

Slip and fall injuries are one subset of personal injury law in New York. Any under safe foot condition that causes you to twist, trip, stumble, or fall, could lead to a premises liability case. There are indirect and direct causes for slip and fall injuries, all of which may raise questions about liability. Potholes, spilled food, uneven flooring, broken tiles, snow and ice, could all be direct causes; while indirect causes like missing handrails, low lighting, cracked stairwells and other causes could be indirect reasons. Determining liability is not always the easiest thing to do in your case but it is especially for important for the development of a personal injury claim.

There are some cases in which a property owner is not always liable for another person's injury on their property, particularly if the fall could have been easily avoided or was an expected one. Your lawyer must prove the following points in order to determine liability:

  • If the premises were normally maintained but the danger should have been discovered earlier and fixed.
  • If an owner or employee knew about the hazardous condition and failed to warn you of the danger or didn't fix it.
  • If the property owner or the employee of the owner created a dangerous surface condition and failed to correct it.

The plaintiff must be able to show that the defendant's negligence was a primary cause or contributing factor to personal injuries and that the damage could have been avoided and foreseen by the defendant. Even if the case initially appears in your favor, hiring the right attorney is essential for developing a legal claim. Do not allow your plaintiff's case to get derailed. If the defendant alleges comparative fault as a factor in a lawsuit, this means that he or she is arguing that you were equally negligent and could have avoided the accident if you had been more careful. The right attorney needs to be hired in these situations to avoid the negative consequences of another party blaming you for the injuries you sustained.

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