New York Slip and Fall Cases
If you have been injured from a slip and fall in New York State, you may ask yourself: “Are New York slip and fall cases handled differently than other states?” Our experienced Jamestown slip and fall lawyer discusses everything you need to know.
New York Slip and Fall Cases | Determining Fault
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.
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.
New York Slip and Fall Cases | 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 legal representation 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.