If you have suffered injuries in a slip and fall accident on someone else’s property, you may be thinking about making an injury claim. It is important to note that proving liability in a slip and fall accident on another person’s property is challenging. To win a case like this, you must prove that the property owner is responsible for your injuries.
A property owner is required to keep their property in a reasonably safe condition. However, this does not necessarily mean that whoever slips and fall on their property can hold the owner liable. In order to hold a property owner responsible for your injuries, you must typically prove one of the following:
- The property owner should have known of the dangerous condition on his or her property and fixed it.
- The property owner knew of the dangerous condition but did nothing to fix it.
- The property owner intentionally caused the dangerous condition.
Proving Negligence on the Part of the Property Owner
In order to hold a property owner negligent and liable for damages in a slip and fall accident, a victim must be able to prove that the property owner failed to act as a reasonably prudent person would have acted under similar circumstances. To prove that a property owner was negligent, a victim should consider the following:
- Did the hazardous condition exist long enough for a reasonable property owner to take action to eliminate it?
- Did the property owner have a policy of routinely checking for potential hazards on his or her property? If yes, was the procedure followed immediately before the accident?
- Could the slip and fall accident have been prevented by relocating the hazard, placing adequate warning signs in the area or by preventing access to the area?
- Was the accident caused by poor lighting or limited visibility?
In most slip and fall cases, it is common for a property owner to argue that the victim is partially responsible for the injuries. This kind of argument is made under legal concepts known as "comparative negligence" and "contributory negligence.” Under the contributory negligence theory, if a victim is found to bear any degree of responsibility for the accident, they will be barred from collecting any damages. Under the comparative negligence theory, if a victim contributed equally to the accident, their damages award will be reduced by a percentage equal to his or her share of the liability.
Contact Our Slip and Fall Accident Lawyers
If you have been injured in a slip and fall accident, you may be entitled to compensation. The slip and fall accident lawyers at Marvin A. Cooper, P.C. will make sure that you are treated fairly and will help you recover monetary damages. To speak with our lawyers, call 914-357-8911 or 718-619-4215 or email email@example.com.