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The notice requirement for liability in slip-and-fall cases

There are many ways that people injure themselves in New York and most people will be injured at some point in time. Some of these injuries are caused by the person's own negligence, but in many other situations, people are injured because of other people's negligence. This could be a car accident caused by a driver who ran a red light, a doctor's mistake during a surgery, a property owner's failure to keep their property safe and other reasons.

If other people are responsible for the accident which caused the injury, the victim may be entitled to compensation for their injuries. However, before they can receive any compensation they will need to prove that the other party is at fault. How that is accomplished depends on the circumstances and the type of accident. For a slip-and-fall accident though, the victim must demonstrate that there was a dangerous condition on the property, the property owner knew about it and did not do enough to prevent the accident.

Proving that a property owner knew about the dangerous condition can occur in one of two ways. One is proving that the property owner had actual knowledge of it. This means that the owner was aware of previous accidents or made ineffective attempts to rectify it. The other type of notice is referred to as constructive notice. This can be used in situations when actual knowledge cannot be proved, but the dangerous property condition was present for a sufficient amount of time that the property owner should have known about it.

When people in New York go to various stores and other properties, they expect to buy the items that they went to get and leave safely. However, that does not always occur and sometimes they are injured in slip-and-fall type accidents. These accidents can leave the victim with serious injuries and costly medical bills. They may be entitled to compensation from the property owner though if they can prove certain elements were present. Experienced attorneys understand these elements and may be able to help one receive what they deserve.

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