How to Prove Negligence in a Slip-and-Fall Accident Claim

Slip-and-fall accidents are one of the most common types of personal injury claims in New York. Even if you are being exceptionally careful, you still may take a spill due to hazardous conditions on someone else’s property. Depending on the severity of your fall, you may suffer severe injuries that can alter your life.

If you have suffered an injury in a slip-and-fall accident due to the negligence of a property owner, you may have grounds to file a personal injury claim. The experienced attorneys at the Law Office of Cohen & Jaffe are dedicated to holding negligent property owners accountable for the damages they caused. After retaining our services, your attorneys will fight tirelessly for your rights and the maximum compensation available for your claim.

Proving Negligence in a NY Slip-and-Fall Case

In order to successfully pursue a slip-and-fall claim, your case must contain certain elements to prove fault and damages. To be fairly compensated for your lost wages and medical bills you must prove the following:

• A hazardous condition existed on the owner’s property
• The property owner was aware of the condition before your accident
• The property owner had plenty of time to remedy the hazardous condition before your accident
• The property owner failed to repair the hazard that led to your injury

An experienced slip-and-fall attorney can investigate every detail of your case to determine negligence and liability. Your attorney can help you collect vital pieces of evidence such as police reports, witness testimonies, and photographic evidence to support your claim against the negligent party. At the Law Office of Cohen & Jaffe, we are committed to leaving no stone unturned so you can collect damages for the full extent of your losses.  

How Does New York’s Comparative Negligence Law Apply to My Case?

Many slip-and-fall accident victims may wonder if they still have grounds to file a claim if they were partially responsible for their injuries. Under New York’s rule of pure comparative negligence, the damages you will be eligible to recover will be relative to your level of fault. For example, if you were found 30% responsible for the accident while the property owner bore 70% of the responsibility, you would only be eligible to collect 70% of the potential damages for your claim. The following are a few common scenarios that may lead to shared liability in a slip-and-fall case:

• The victim was on a part of the property where they were not allowed nor expected to be, such as a staff room or basement
• The victim was distracted and ignored their surroundings
• The hazardous area was clearly marked by signs and cones

In many cases, the property owner and their insurance company may try to claim that you bore fault for the accident when you did not. An experienced slip-and-fall lawyer can use their expertise to erode these arguments and help ensure you are fairly compensated for your injuries and other losses. 

Contact an Experienced Slip-and-Fall Lawyer Today

An injury from a slip-and-fall accident can require extensive medical care and have a long-term impact on the victim’s life. If you have been injured in a slip-and-fall accident, you should not be forced to fund your own recovery. At the Law Office of Cohen & Jaffe, our passionate attorneys are committed to being tireless advocates for our clients. We have over 100 years of combined experience helping accident victims like you recover the maximum amount of compensation possible for their claims. To schedule a free consultation to discuss your case, give us a call at (866) 924-1787 or complete our online contact form today.

For a free legal consultation, call 516-358-6900