Proving negligence in a slip and fall accident can be one of the most difficult things to do. Every year, thousands of people are injured from slipping on the floor, falling on stairs, or hurting themselves due to someone else’s negligence. Even when the ground is uneven or someone hasn’t cleaned properly, it isn’t your fault if you fall and hurt yourself. However, proving that it is the owner of the property’s fault may be difficult, even for seasoned attorneys.
Is It Possible That the Property Owner Could Have Prevented the Accident?
If you or a loved one has been involved in a slip and fall accident that resulted in an injury, it is tempting to seek out justice as quickly as possible without thinking things through. To you, the case is crystal clear and there isn’t anything that can be confusing. The primary question you have to ask yourself is this: if the property owner had been more careful in any aspect, could the accident have been avoided?
For example, if you are on a property with backed up gutters leads to standing water that you slip on, you might not have a case if there is a system in place for drainage that failed. Property owners also aren’t responsible for your injuries if you trip over something that should be there, like a sidewalk or a shovel in the winter months or a broom.
You have a responsibility of being aware of your surroundings and you must make an effort to keep yourself safe and avoid dangerous solutions. You being clumsy or putting yourself in danger doesn’t equate with a slip and fall case.
A Property Owner Has to Keep Conditions Safe
This is not to say that property owners are never at fault for your injuries or a slip and fall. There isn’t really a cut and dry rule for East Village slip and fall cases. Property owners have a responsibility of keeping conditions safe and free from anything that can cause a slip and fall accident.
Still, it has to be compared to the care you could have taken.
Courts use different guidelines to determine who is at fault in a slip and fall accident.
If you have been injured, there are a few ways to show that the owner was responsible – you have to prove one of the following:
· The property owner or an employee caused the condition; or
· The property owners should have known about the condition and fixed it.
Many property owners are good at keeping up their properties, so it is likely that the second situation is the most common but the hardest to prove because there is some subjectivity to it.
When you go to a property and get injured, you have to show that the property owner didn’t take care of the situation in a reasonable amount of time. You should know the following:
· How long has the defect been present?
· What kind of daily activities does the owner do to keep the property in place?
· Was there a legitimate reason for whatever you tripped over to be on the ground?
· Did a legitimate reason exist for the object to be where it was?
What Can I Do About my East Village Slip and Fall Case?
If you have been injured in a slip and fall accident, you want to start working with an attorney as soon as you possibly can. The statute of limitation runs out after some time, and it becomes harder and harder to prove that the property owner was at fault for the accident. Getting a head start on your case and taking advantage of time is important.
If you believe that you have a claim, have an initial review by one of our attorneys. We will be able to provide you with legal advice in your case so that you can focus on healing any injuries that you sustained and moving on from it.