If you hope to receive compensation after injuring yourself while falling, you will need to understand the requirements for proving fault in a slip and fall case. Our experienced Jamestown slip and fall lawyer discusses important things to know regarding negligence and receiving compensation.
Proving Fault in a Slip and Fall Case | Liability
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 slip and fall accident would never have happened. If the injured person had taken extra precautions, 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 they clearly shouldn’t have been, was acting irresponsibly, or was looking at his or her 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.
Proving Fault in a Slip and Fall Case | Comparative Negligence
Because the percentage of “comparative negligence” is such a major factor in slip and fall cases, personal injury and premises liability attorneys in New York must argue that each client’s role in his or her injuries was the least amount possible. The New York Consolidated Laws state that 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 have any further questions regarding slip and fall compensation in New York, please contact our experienced Jamestown slip and fall lawyer today to schedule a free consultation.
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