Whether you are walking on the sidewalks or scaling the stairs, chances of encountering a slip and fall accident are very high in New York. In most cases, these accidents can be attributed to the negligence of the property owner to optimize the safety of the occupants and visitors of their premises. If you slip, trip, and fall on someone’s property, chances are that you may get a limb injury, hand fracture, leg injury among other serious injuries. To get compensated for the damages and losses, you need to first establish who is liable for the injury. In this article, we shall take a closer look at who is liable for such accidents so that you can maximize your chances of getting compensated.
Determining Who Is Liable For The Slip And Fall Accident
It is no secret that thousands of US residents usually get injured as a result of slip and fall accidents. Typically, the premises liability law stipulates that property owners in New York owe the duty of care to ensure that their premises are free of hazards that can cause slip and fall accidents.
Some of these hazards include debris, oil spillage, cracked pavements, potholes, dark stairways, ice and snow, uneven surfaces, and many more. By failing to eliminate or remedy the above-mentioned issues in good time, the property owner is deemed to be negligent and thus can be sued in a court of law.
Although you can go ahead and make a claim against the property owner, there is a need for you to establish liability for the above-mentioned negligence. Sometimes, the employer might be innocent but his or her employees are guilty of the mistakes mentioned above. If you are able to prove that the employer or the employees were negligent in the above-mentioned ways, you will be able to win your case and thus get compensated.
Presenting Legal Evidence
Apart from proving negligence, it is important that you present copies of your medical records in order to strengthen your case. In most cases, these copies or documents will serve as evidence of the injuries caused and the financial losses incurred. If you have any accident reports or receipts of out-of-pocket costs, you can present them in a court of law.
Better still, if you have witness statements, you can go ahead and present them in court. Finally, you should seek the services of a New York premises liability lawyer. By hiring the services of such a lawyer, you will get the much-needed legal representation in a court of law. In addition, this lawyer will follow up on your claims and guide you throughout the entire process.
Although it is normal to slip and fall on someone’s property, there is a need for you to establish liability as indicated above so that you can get compensated. Remember that the court will rely on the facts that you present on the hearing day and thus must ensure that you have sufficient proof of negligence. By considering all the ideas we have mentioned, you will get the much-needed compensation so that you can carry on with your life.
Alan Roodey is a professional Author and contributor to many sites. He loves to write on various topics.