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How to Prove Liability in a Slip and Fall Accident

If you want to obtain compensation for a slip and fall injury, then you need to prove that the owner of the premises was liable for the accident. To do this, you must provide evidence for one of the following situations:

  1. The owner, manager, or employee of the premise produced the dangerous object or surface that caused your fall.
  2. The owner, manager, or employee of the premise knew about the hazard, but did not pursue a remedy.
  3. A reasonable individual would have resolved the dangerous situation, so the owner, manager, or employee of the premise should have known about it.

The third situation that deals with the "reasonableness" of a person is by far the most common and the most difficult to prove. An owner and his employees have a responsibility to upkeep their premise, but it can be subjective when determining a person "should have known".

How does the court determine reasonableness?

In deciding if an owner properly maintained their property, New York premises liability law focuses on the consistency and thoughtfulness of maintenance procedure. The courts may look at any of the following:

  • How long the hazard was there
  • Signs or barriers that gave warning to the danger
  • Regularity of property inspections
  • Motivation behind object's positioning
  • Circumstances surrounding slip and fall

If the court determines that you have any part in the accident, then you may not be able to gain full recovery. Persons who were distracted or were not permitted in the area that the accident occurred may be partially liable.

Contact Our Personal Injury Attorneys

To make sure that you have all the necessary components for a strong case, please get in touch with our Schenectady injury lawyers at DeLorenzo, Grasso & Dalmata! We are available 24/7 to answer your questions and alleviate your concerns. With over seven decades of collective legal experience, you can trust our legal team is well-equipped to handle your case! Submit your case evaluation form or call our office to schedule your free initial consultation for your slip and fall case.