Anyone that is a property owner, especially those operating a business, has a responsibility to provide a safe environment for anyone with a right to be there. When this duty is neglected, it can result in serious injuries that can cause life-changing results. Under certain conditions, an experienced slip and fall accident lawyer in Queens County, NY may be able to help the injured party collect compensation for damages, relieving the financial stress caused by someone else’s negligence.
Proof of Liability
The main element in determining that a claim is valid rests on whether the lawyer can demonstrate that another party is legally responsible. This usually refers to the property owner. Most of the time, they must show that owner, manager, or even an employee should have been aware of the danger and taken the steps needed to prevent the accident. If it can be proven they caused the condition, and didn’t just overlook a situation, it is much easier to prove liability.
Standards of Reasonable Behavior
When attempting to prove liability, a slip and fall accident lawyer in Queens County, NY doesn’t necessarily have to prove that the defendant knew about the hazardous situation and didn’t address it. They must only show that the owner or employees failed to act as any prudent person would to preserve the welfare of others. The truth is, if they didn’t conduct routine inspections to inspect the property and identify issues, this alone could be a form of negligence.
Some states have comparative negligence statutes, holding victims financially responsible for their own actions. To collect the most for injuries, an attorney will have to show that the injured person acted reasonably and did not inadvertently cause the accident through their own actions. New York is a pure comparative negligence state. That means a claimant’s negligence, no matter how great, will not bar recovery but the damages recoverable will be reduced in proportion to his or her negligence.
The Law Office of Steven R. Smith is one of the premier slip and fall firms. Visit newyorkattorneyatlaw.com and call them to start protecting your rights before the time limit expires.