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staten island slip and fall lawyers

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Slip and Fall Accidents in Staten Island, New York

Accidents are a fact of life. For those times when you experience an accident due to a slip and fall with resulting injuries, you’re going to wonder if there’s any legal recourse available to you. Pursuing a settlement with an insurance company or suing the property owner means you’ll have to prove that someone else was at fault and liable for your injuries.

What You’ll Need to Prove for Your Case

The Property Owner Caused the Danger
You’ll have to prove that the property owner left a dangerous obstacle in the path that caused the danger. It has to be a hazard that any reasonable person would see and know it could cause an accident or injury.

An Owner or Employee Should Have Done Repairs
Whether it’s a hole in the parking lot, a cracked brick on the stairs or an uneven surface leading to the door, the dangerous condition should have been remedied. The question becomes whether the owner or employee should have recognized the danger and remedied the danger.

Liability of the Owner for Your Injury
One of the terms that will come up often in a slip and fall case is the word reasonable. In order to be deemed negligent, the owner must have failed to act like a reasonable person in the situation. For example, if the owner of a store sees a broken brick on the stairs and decides not to fix it. A reasonable person would assume that the brick can cause an injury and would make repairs to avoid having someone get hurt.

Factors to Consider Regarding Liability
While a property owner should immediately fix problems on the property, there are some factors that could impact whether the owner can be held liable.

  • Was the condition existing long enough for the owner to be expected to remove it?
  • Does the property owner have a routine that involves checking regularly for hazards?
  • Did improper lighting contribute to the hazard?
  • Could the owner have limited the dangerous condition until repairs could be made? For example, would a sign have warned people about the danger?

You’ll Have to Prove You Didn’t Cause the Accident

Comparative Fault
In many slip and fall cases, the plaintiff has to prove that he or she wasn’t responsible for the accident. In New York, the rules regarding comparative fault say that even if the plaintiff is 99 percent at fault, they can recover damages. Although, the amount of damages vary by how much the plaintiff is at fault too.

Considerations Regarding Comparative Fault

  • The plaintiff did not engage in activities preventing him or her from noticing the hazard.
  • The dangerous area is a place where the plaintiff has lawful access.
  • Adequate warning signs were not posted.

The confusion of comparative liability and negligence by the property owner can make a slip and fall accident incredibly difficult to prove. This is why it’s vital that the injured person has an experienced lawyer to represent them in a case.

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40 Fulton Street, NYC, New York, 10038.
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Long Island

Long Island

1 Old Country Road, Carle Place, New York.
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Suffolk County

Suffolk County

150 Motor Parkway, Hauppauge, New York, 11778.
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