Who Is Held Liable in a Slip and Fall Accident?
If you were injured in a slip or fall accident due to dangerous conditions at someone else’s property, the property owner can be held liable. According to New York state law regarding premises liability cases, it must be proven that the owner knew about the danger and failed to do anything about it, or that he or she should have known about the danger.
Actual and Constructive Notice
The first type of notice is called “Actual Notice,” where it can be proven that the property owner was fully aware of the hazard that ended up causing the slip or fall accident, and failed to fix the danger or properly warn visitors about it.
However, it can be more difficult to prove that the owner had full knowledge of something and was negligent. Instead, your slip and fall lawyer can also attempt to prove “constructive notice,” which means that the danger was so obvious that the property owner should have known about the hazard.
Homeowner and Business Owner Liability
Property owners are expected to regularly inspect their property, identify potentially dangerous conditions, and correct them. The duty to keep a property in a reasonably safe condition for guests and customers applies to both homeowners and business owners or occupants. In order to prove liability, you would need to show that the property owner owed you a duty of care and breached that duty of care by failing to keep the property free from hazards that they knew or should have known about.
While under most circumstances, a homeowner or business owner does not owe a duty of care to a trespasser, there are some exceptions. One of the most notable exceptions is the attractive nuisance doctrine. Under this doctrine, a landowner may be held liable for injuries to a child even if they were a trespasser.
Common objects or conditions that may be considered attractive nuisances include:
If your child was injured while trespassing on another person’s property, under certain conditions, the landowner may still be held liable. To determine whether the property contained an attractive nuisance, contact our office to discuss your case with a White Plains slip and fall lawyer.
- Swimming pools
- Swings and playground equipment
- Construction sites
- Abandoned vehicles
- Exposed powerlines
How Much Compensation Can I Recover in a Slip and Fall Case?
The outcome of injury cases varies widely and depends on the circumstances of the accident and the severity of the injuries. However, our slip and fall lawyers know how to fight for the maximum amount of compensation available in your case so that you can make a full recovery.
Our legal team can pursue damages on your behalf for the following:
Every slip, trip, and fall case is unique, which is why it is essential to discuss your case with an experienced attorney as soon as possible. Whether you were injured on someone else’s property or you lost a loved one due to another person’s negligence, our White Plains slip and fall lawyers may be able to help.
- Medical bills for injuries sustained in the slip, trip, or fall accident
- Bills associated with ongoing care and/or therapy
- Lost income from being unable to work
- Pain and suffering
Hurt in a Slip and Fall Accident? Contact Injured 914 Today.
Were you or a loved one injured in a slip and fall accident? Contact our office for a free, no-obligation consultation. Call (914) 368-7168 to get the dedicated legal representation you deserve. There are never any fees unless we win. Get started toward your recovery today.