Occasionally, determining fault in a slip and fall case can be difficult, especially if you are trying to do so without an experienced attorney. The typical slip and fall injury case is rooted in negligence: should the property owner or manager be held responsible for allowing a dangerous condition to appear, or did the injured party’s recklessness lead to the injury in question? This question most often does not have a simple “yes” or “no” answer, as both parties can share some blame for the injury.
Determining Fault in a Slip and Fall Case | Proving Liability
If the property owner or manager had taken better care of the property, the condition that caused the injured person to slip and fall would never have existed. If the injured person had taken extra precautions, such as wearing sturdier footwear or looking before walking, the injury could have been avoided. At the same time, though, a property owner cannot be everywhere at once, and when financial limitations, a lack of time, and insufficient communication by employees or subcontractors are involved, the property owner may truly have only a small share of the responsibility. Likewise, if the injured party was walking in an area that clearly featured “warning” or “no trespassing” signs, was running or otherwise acting irresponsibly, or was looking at her or his mobile device while walking, a slip and fall attorney may find it challenging to argue that the fault is entirely or even primarily that of the property owner.
Determining Fault in a Slip and Fall Case | Comparative Negligence
Because the percentage of negligence, known as “comparative negligence,” is such a major factor in slip and fall cases, personal injury and premises liability attorneys in New York have to argue that each client’s role in her or his injuries was the least amount possible. The New York Consolidated Laws state that while no plaintiff in a slip and fall injury case should necessarily be ineligible to recover damages for an injury, the amount of compensation will depend on how responsible the court feels that the injured party is for the injuries. If it is decided that the injured person was 30 percent responsible for the injury, the amount that he or she can receive in compensation will reduce by 30 percent.
If you need help determining fault for a New York slip and fall case, contact our experienced Jamestown slip and fall lawyer today to schedule a free consultation. We will help you get the compensation you deserve.
Out of Town Legal Resources
Someone called our office last week looking for help with a slip and fall claim in Texas. We don’t practice in Texas, but we found these personal injury lawyers in San Antonio, TX that did a great job with their online guides and videos. If you or a someone you know is ever injured in a slip and fall in Texas, take a look at their online slip and fall injury resource page.
