By 
Proving a slip and fall in New York isn’t always easy. New York has laws that establish when a property owner is and is not liable for a slip and fall accident.
Not all slip and falls accidents can be personal injury lawsuits. In order to win your case and get compensation for you injuries you must prove multiple elements in your lawsuit.
What you have to prove in a slip and fall case in New York:
1. The owner of the property was aware that a dangerous condition existed on their property prior to the accident.
2. The owner had sufficient time to fix the dangerous condition and make it as safe as possible on their property before the accident, but did failed to do so.
3. Failure to fix the dangerous condition directly led to your accident and injuries.
3 tips for help proving a slip and fall case in New York, so that you can obtain maximum compensation:
1. It may be difficult to prove with physical evidence that a property owner knew about a defect on their property. It may be much easier to prove to the court that the property owner should have known about the defect on their property. This is called constructive knowledge and it is accepted by the court system. For example, if a property owner never installed a hand rail on their stairway, a victim can easily prove that they should have known that they needed to install one. Or if a supermarket mopped all of their floors but did not post adequate signage to let visitors know that the floor was wet.
2. Proving that the property owner did not take reasonable steps to make their property as safe as possible can be challenging, but one way to ensure that you have proof is to take photos of the scene of the accident with your phone. Everyone has a phone in their pocket nowadays so pulling it out to take a quick photo or video is usually effortless. If you’re with a friend or family member, they can also take the photos and video for you to document the conditions of the property that led to your accident and injuries.
3. One of the main arguments that the property owner may use is to state that they did not have sufficient time to remedy the defect on their property. In certain situations, one way to get around this is to show evidence of complaints about the defect that date back a while. For example, a tenant who put in writing that the building’s staircase posed a danger can argue that they gave the property owner sufficient time to fix the problem, didn’t and is therefore liable for the slip and fall accident.
Compensation you may be entitled to from a slip and fall accident injury:
-Medical bills
-Lost wages
-Lost future earning potential
-Property damage
-Pain and suffering
Consult with a knowledgeable New York slip and fall personal injury attorney today. For more information about getting maximum compensation for a slip and fall in New York, send us a message.
Comments