In most circumstances, the property owner or manager is responsible. However, assessing fault can be more complicated than it appears.Â
Property Owners’ Responsibility
Property owners have a legal duty to maintain safe premises for anyone who visits. This duty applies to residential and commercial property owners. If a property owner is negligent in maintaining their property and someone is injured as a result, they can be responsible for the damages.
Proving Liability
You will need to demonstrate a few key points to prove that a property owner or manager is liable for your slip-and-fall accident.
First is the existence of a dangerous condition. There must have been a hazardous condition that led to the fall, such as a wet floor, loose carpeting, or icy sidewalks.
Furthermore, you must demonstrate that the property owner understood or should have recognized the hazard.Â
If the owner knew of the problem but failed to address it or offer a warning, they may be held accountable. Even if they were unaware, they could still be held accountable if a reasonable person in their position would have identified the threat.
Lastly, your injuries must be linked to the unsafe condition, and you’ll need to show that it directly caused your slip and fall.
When Could You Be Partially Liable?
In some cases, you could share partial responsibility for your accident. For example, if you were distracted or ignored visible warning signs, the property owner might argue that your own negligence contributed to the fall. Each state follows a comparative negligence rule, meaning your compensation could be reduced based on your level of fault.
Book Your Legal Consultation in Fishkill, NY
If you’ve been injured in a slip-and-fall accident, you must understand who may be liable for your damages. A skilled attorney can help assess your case and determine whether the property owner’s negligence played a role in your injury. Contact us at 845-896-5295 and book your consultation with Maurer Law Firm PLLC.