Requirements for a Legitimate Slip and Fall Lawsuit
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Slip and fall accidents are some of the most common personal injury accidents. As a “premise liability” case, slip and fall accidents generally happen when a property owner is negligent or otherwise does not take the proper care and maintenance of their home and the surrounding area.
But simply falling at someone else’s home does not constitute a slip and fall case. In order for you to truly have a personal injury slip and fall claim, you need to meet a few requirements.
What Creates a Slip and Fall Case?
The main difference between simply tripping or falling and a legitimate slip and fall case is that to constitute premise liability, there must be fault and responsibility.
Let’s take a look at what that means.
Dangerous conditions, such as narrow stairs, a wet floor, torn carpeting, uneven flooring, and loose wires, all create an atmosphere where a slip and fall accident can occur. A slip and fall accident can also occur outside the home if snow is not removed from sidewalks, areas are not properly lit, or there are potholes or other uneven areas in the ground.
But to have a true slip and fall case, you need to prove that the accident could have been avoided if another individual had held up their responsibilities.
Proving Fault of Your Slip and Fall Case
To prove fault for your slip and fall case in New York City, you will need to prove one of the following:
- The dangerous condition was created maliciously by the property owner
- The property owner was aware of the dangerous condition and did not fix or alert you of the problem
- The dangerous condition had been there long enough that the property owner should have been able to fix or remove it
You will need photographs, witness testimonies, and more in order to accurately prove your case. To ensure you have all the items necessary to build a solid slip and fall case, you will want the help of a New York City personal injury attorney.
The personal injury attorneys at Held & Hines, LLP can help you build and win your slip and fall case to get compensation for your damages and injuries. We have offices in Manhattan and Brooklyn, so our personal injury attorneys can help you throughout the city of New York. Call us today to talk about your situation.
Posted in: Personal Injury, Slip and Fall
