For residents in New York, they do not often think about the potential injuries they could suffer when they enter the property of others. He or she is often focused on what they seek to buy when they enter a store, doing business at a company, enjoying food at a restaurant or spending time with a friend at their home. However, dangers could exist at these public and private places, and it is up to the property owner to remove or guard against these dangers. Thus, when a slip and fall occurs, and injured victim often questions whether it was the fault of the property owner.
How can you prove fault in a slip and fall accident? Even if the cause of a fall appears to be straightforward, it still must be proven that a property owner was liable for the conditions that led to the fall. However, if a property owner could have prevented the fall, it is likely one could prove liability.
There are essentially three things to look at in these incidents. The first is whether the property owner or their employees should have known about the dangerous condition that led to the accident, as a reasonable person in his or her position would have known about it and taken steps to correct it. The next is whether or not the property owner or their employees actually knew about the dangerous condition but failed to do anything to correct it. The final factor is whether the property owner or their employee caused the dangerous condition that led to the accident.
Following a slip and fall accident, a victim is often left with serious injuries and many questions. Through a premises liability action, a victim could answer these questions, by stabling cause and liability. He or she is also able to recover compensation for the losses and damages caused by the incident.