If you were injured in a slip and fall accident, you need to contact an experienced Jamestown slip and fall lawyer to protect your rights. Contact us today to arrange a free confidential consultation. Let our 30+ years of experience work for you. In the meantime, read this article about slip and fall laws in New York State to learn more about your potential case.
Slip and Fall Laws in New York State | Negligence
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, if he or she had worn sturdier footwear or looked 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.
Slip and Fall Laws in New York State | Comparative Fault
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.
Contact our experienced Jamestown slip and fall lawyers today to schedule a free consultation.
