If you’ve been hurt in a slip and fall accident, you may already be asking yourself a difficult question: How do I prove it wasn’t my fault? Property owners, insurance companies, and even some bystanders are often quick to assume the victim was simply being careless. But in reality, many slip and fall injuries result from someone else’s negligence. If that’s the case, you may be entitled to compensation. Read this blog and reach out to a knowledgeable and dedicated Manhattan slip and fall lawyer from the Law Office of Richard M. Kenny to learn more about how to prove fault in a slip and fall accident. Here are some of the questions you may have:
What Must Be Proven in a Slip and Fall Case?
The burden of proof in a personal injury case always falls on the injured party. This means you’ll need to show that the property owner or manager failed to take reasonable steps to keep the area safe. In legal terms, this usually means demonstrating that the hazard that caused your fall was known to the property owner, or should have been known through reasonable care.
For example, imagine slipping on a wet supermarket floor with no warning sign in sight. If the spill had been sitting there for a while and employees failed to clean it up, that may qualify as negligence. On the other hand, if another shopper spilled something just seconds before your fall, and staff had no reasonable opportunity to respond, it becomes more difficult to place fault on the business.
How Can I Prove I Wasn’t Being Careless?
In New York, a legal concept called “comparative negligence” comes into play. This means that even if you were partially responsible for the accident, you might still recover damages. However, your compensation can be reduced by your percentage of fault. That’s why it’s important to gather and present evidence showing that you were acting responsibly at the time of the fall.
Start by documenting everything as soon as possible. Take photographs of the scene, especially the hazard that caused your fall. Were there broken tiles, icy sidewalks, or poor lighting? Did anyone witness the accident? If so, get their contact information. You should also seek medical attention immediately, both for your health and to create a paper trail that supports your claim.
Why Does Legal Help Make a Difference?
Proving a slip and fall wasn’t your fault is rarely straightforward, particularly in a city like New York where property owners are often backed by aggressive insurance carriers. A personal injury lawyer can take the lead in gathering evidence, speaking with witnesses, reviewing surveillance footage, and dealing with insurance companies that may try to minimize your injuries. Additionally, should your case go to trial (though most don’t), an experienced attorney knows what judges and juries find convincing and can anticipate the arguments the defense is likely to make and prepare counterarguments.
If you have further questions about your case, or you’d like to pursue compensation for a slip and fall that wasn’t your fault, simply contact the Law Office of Richard M. Kenny for a free case evaluation today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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