How is Liability Determined in a New York Slip and Fall Accident?

When you’re involved in a slip and fall accident in New York, determining liability can be complex. Here’s a breakdown of the process:

1. Identifying a Dangerous or Defective Condition

The first step in proving liability is demonstrating that the property owner or business had a dangerous or defective condition that caused your fall. This could be something like water on the floor, a broken step, or raised concrete on a sidewalk. There are also city ordinances, such as in New York City or Buffalo, that require businesses to keep sidewalks clear. Proving this condition exists is the foundation of any slip and fall case.

2. Proving Reasonableness of Your Actions

Next, the defense or insurance company will likely try to argue that you were at fault for the accident. They’ll attempt to show that you acted unreasonably, like not paying attention to obvious hazards. It’s critical to push back on these claims, as accepting any responsibility could severely impact your case. For example, in one case, a client slipped on ice near a gas pump. The insurance company argued he was at fault for not looking, but we were able to prove that his actions were reasonable and secured full compensation.

3. Evaluating the Extent of Injuries

Finally, liability also hinges on the extent of your injuries. The injuries you suffered as a result of the fall will be evaluated to determine the compensation you may be entitled to. This part can be tricky, and it’s essential to consult an attorney to ensure your injuries are properly documented and assessed.

If you’re facing a slip-and-fall case, don’t go it alone. Call Cantor, Wolff, Nicastro & Hall at (716) 848-8000 for expert legal advice. We’ll fight for your rights!