If you have been injured in a slip and fall accident, you may be able to sue the person or entity responsible for your injuries. This is because, under the legal principle of negligence, a person or entity has a duty to take reasonable steps to ensure the safety of others who may be on their property. If they fail to do so and someone is injured as a result, they may be held liable for the damages caused by their negligence.
There are several elements that must be present in order to sue for a slip and fall accident successfully. These include:
- Duty of care: The person or entity you are suing must have had a duty to take reasonable steps to ensure the safety of others on their property. For example, a store owner has a duty to keep their store free of hazards that could cause customers to slip and fall.
- Breach of duty: The person or entity must have breached their duty of care by failing to take reasonable steps to ensure the safety of others on their property. For example, if a store owner knew about a spill on the floor and failed to clean it up or warn customers about it, they may be found to have breached their duty of care.
- Causation: The person or entity’s breach of duty must have directly caused your injuries. This means that if you fell and were injured because of a hazard that the person or entity was responsible for, they may be held liable for your injuries.
- Damages: You must have suffered some type of injury or loss due to the accident. This can include physical injuries, medical expenses, lost wages, and other damages.
If you can prove these elements, you may be able to sue the person or entity responsible for your slip and fall accident and recover damages for your injuries. However, it’s important to note that slip-and-fall cases can be complex and may require the assistance of an experienced personal injury attorney. An attorney can help you understand your legal rights and options and assist you in building a strong case to support your claim.
Ramy Joudeh and Brett Kuller are some of the top personal injury lawyers in New York. They’ve been able to secure millions of dollars worth of settlements through successful arbitration and litigation. Premises liability cases, which include ‘slip-and-fall’ cases are often misunderstood. In a recent firm victory, Joudeh and Kuller were able to secure a big settlement for an elderly client injured in her apartment building.
Who is at fault in a slip-and-fall case?
In New York, it is the duty of property owners and property leasers to maintain their property. This includes keeping it in a safe condition. If a property owner allows for unsafe or hazardous conditions to remain on their premises then they may be found liable if an accident were to occur. However, if the person who was injured was engaging in risky or illegal behavior then the property owner might not be found guilty.