What Makes a Property Owner Liable for a Fall in NY?
Slip and fall accidents are one of the most common types of personal injury claims. Common does not mean minor. You may have suffered serious injuries in a fall accident that can remain with you for a considerable amount of time. When that happens, your focus is both on getting the medical care that you need and potentially obtaining financial compensation for your injuries. A doctor can help you with the former, while an experienced slip and fall accident lawyer can assist you with the latter.
What Is the Role of Negligence in a Slip and Fall Claim?
“Negligence” is the bedrock principle of any type of personal injury case. You must prove that there was another party who owed you a duty of care, and they breached it by doing something that would be considered unreasonable under the circumstances. In a slip and fall case, negligence can mean one of two things:
- The property owner themselves were responsible for the dangerous condition, such as leaving debris in your path.
- Someone else created the dangerous condition, but the property owner did not address it within a reasonable amount of time after they knew or should have known about it.
While these are the ways that you can hold a property owner liable, it is just the beginning of your case. You can expect that the insurance company is going to take a very stringent view of your case because they see claims like yours all the time. The insurance company often takes the introductory position that it will deny your claim and force you to fight it.
How You Prove Negligence in a Slip and Fall Case?
You may have your own side of the story in a slip and fall case, but unless you have the evidence that proves what happened, it is exactly that: A story. It is not so much what you relate as your version of events, but it is more about the proof that you have that demonstrates exactly what the property owner did or did not do under the circumstances.
Since you were injured at the scene, you may not have been able to take pictures and document the accident yourself. You may have had witnesses who saw what happened, and they can be the most helpful in proving your case. However, you may need to go back after the fact and gather the evidence that you need, but you only have a limited amount of time to do so. A slip and fall accident lawyer is the one who will play a key role in proving liability for the accident because they can conduct an immediate investigation and collect the proof you need to win.
What if the Insurance Company Will Not Pay My Claim?
You may have approached the insurance company informally in the claims process. They will make a decision about whether to accept liability and make you a settlement offer. In many cases, the insurance company may believe that you do not have the proof that shows that their policyholder was negligent.
Rest assured that the insurance company does not get the final word in your case. If they will not pay your claim, you have the ability to take your case to court in a lawsuit. Then, you may be able to collect additional evidence that is in the hands of the defendant, such as video camera footage and maintenance logs. A jury would then decide whether the property owner is liable for the accident.
Contact Our Hamburg Slip and Fall Lawyers at Dan Chiacchia Injury Attorneys to Get the Settlement You Deserve
If you have been injured on the property of another in an accident, get legal help from our Hamburg slip and fall lawyers at Dan Chiacchia Injury Attorneys. We can help you prove liability based on the available evidence, but it is essential that you contact us quickly. To schedule a free case review, fill out our online contact form or call us today at 716-648-3030. Located in Hamburg, New York, we proudly serve clients in the surrounding areas.
