There are several ways you can prove negligence in a slip or trip and fall accident, and it starts with identifying what the defective condition was. Continue reading for some helpful information.
To prove negligence in a slip or trip and fall accident, you must be able to show that another party owed you a duty of care, that said duty was breached, and that you suffered injuries as a result. Essentially, what this means is that you will need to prove that there was a defective or unsafe condition that was a cause of your fall. You will also have to display that the property owner or operator should have known or was aware of the condition, but neglected to repair it or make the area safe.
Examples of Defective and Unsafe Conditions
A defective condition is one that is unsafe and poses a risk to those entering or present at the premises. These are a few examples of what would constitute a defective or unsafe condition:
- An electric cable was lying loosely on the floor and was not taped or secured to prevent a trip and fall
- A puddle of a wet substance or product such as liquid detergent was left on the floor of a supermarket
- A pile of debris or garbage was allowed to remain in a stairwell
- A leaking condition existed causing a ceiling collapse
- A patch of ice was not cleared from the sidewalk
- A box containing merchandise was left out in the middle of an aisle of a store
- A moving dolly (i.e., hand-truck) was left in the middle of a supermarket aisle
In addition to these examples, here are a few others that have been known to cause slip or trip and fall accidents:
- Raised, uneven or cracked flooring (e.g., carpet or tile)
- Loose floorboards
- Damaged or broken stairs
After the defective or unsafe condition has been identified, you will need to determine whether the premises’ owner or operator knew about the condition or should have known. For example, let us say a store owner in New York City was aware that his store’s flooring needed to be fixed. After having a company come out and appraise the work, the owner decided not to make the repair in order to save the expense.
Instead of putting up a caution sign to steer customers away from the damaged area, the owner ignored it. Because the store owner was aware of the damaged flooring and actually had an appraisal done that proved he knew of the damage, he would be held liable for a slip and fall accident.
For a free legal consultation, call (212) 732-2929
Factors that Can Impact a Slip or Trip and Fall Accident Case
After you have established (1) What the defective condition was that caused your slip and fall accident and; (2) That the owner or operator was aware of the condition but neglected to repair it, you need to understand that certain factors could impact your case.
Some things that might be taken into account if you decide to file a claim or lawsuit against a responsible party in a trip or slip and fall accident include the following:
- What were the lighting and weather conditions at the time of the accident?
- Was the accident captured on a surveillance camera?
- Did anyone witness the accident?
- Was an accident report prepared following the accident?
- Did you receive emergency medical care following the accident?
You should also consider whether the accident occurred on government property or was any municipal entity responsible in any way for the happening of the accident. In order to pursue a claim and lawsuit against a governmental entity or agency you are required to provide notice of your intention to do so by filing a Notice of Claim which must be done within a very limited amount of time after the incident (NY GMU § 50-E). If you fail to timely file the Notice of Claim you could be barred from recovering the compensation you deserve.
Do Not Worry if You Are Partially Liable for Your Injuries
If your actions contributed to the accident, you should know that this does not bar you from recovering compensation. If you have a valid claim against a property owner or operator, your percentage of fault will only be used to reduce the amount you are awarded in damages (NY CVP § 1411).
Slip and fall accidents can lead to a victim suffering many different injuries. Some of the injuries a New York personal injury attorney may be able to help you recover compensation for include:
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Bone fractures
- Joint injuries including tears of ligaments, tendons or cartilage
- Lacerations causing disfiguring scarring
Complete a Free Case Evaluation form now
Retain a New York Personal Injury Lawyer After Slipping or Tripping and Falling on Someone Else’s Property
If you slipped or tripped and fell inside of a store, small business, or while on government property in the New York City metropolitan area, we encourage you to contact Dansker & Aspromonte Associates at (212) 732-2929. Our team of legal professionals will assess your case and determine if compensation could be provided.
If you have a valid claim, we will take on all of the legal work and fight for the best possible outcome. If you are looking for a more in-depth answer as to how you can prove negligence in a slip or trip and fall accident, we encourage you to contact our team now.