Suffering a fall on someone else’s property can be painful, stressful, and confusing, especially if the property owner turns around and says the accident was your fault. Unfortunately, it’s common for property owners or their insurance companies to try to shift the blame to the person who got hurt. But just because they point fingers at you doesn’t mean they’re right, or that you’re out of options. Read on and reach out to a New York City slip and fall lawyer to learn how we can help if a property owner blames you for a fall. Here are some of the questions you may have:
Can I still recover compensation if the property owner blames me for the fall?
Yes, you can. New York follows a legal rule called “comparative negligence.” This means that even if you were partly responsible for your fall, you may still be entitled to recover damages. The court or insurance adjuster will look at the facts and assign a percentage of fault to each party involved. Your compensation would then be reduced by your percentage of fault.
Property owners often use this rule to their advantage, hoping you’ll back down or walk away. Don’t let them. Talk to an experienced attorney who can evaluate the evidence and defend your rights.
What kind of evidence can help prove the fall wasn’t my fault?
Evidence is everything in a personal injury case. While it may feel like it’s just your word against the property owner’s, that isn’t always the case. Photos of the hazard, surveillance footage, witness statements, and maintenance records can all help show what really happened. If you slipped on an unshoveled sidewalk or tripped on a broken step that’s been like that for months, that’s something your lawyer can work with.
Timing also matters. Report the fall right away if possible. If you’re able, take pictures of the scene before conditions change. Clothing and shoes worn during the incident can also become key pieces of evidence, especially if the defense claims you were wearing improper footwear or not paying attention.
What should I say if the owner or insurance company contacts me?
Be very careful about what you say. Insurance companies may seem friendly when they call, but they are not on your side. Their job is to limit payouts, and they are trained to look for anything that can be used against you. Even a simple statement like “I wasn’t watching where I was going” can be twisted to suggest that you were fully at fault. If anyone contacts you, whether it’s the property owner, a lawyer, or an insurance representative, it’s okay to say you’re not comfortable discussing the incident without legal representation. Then, contact a personal injury attorney who can step in on your behalf.
At the end of the day, being blamed doesn’t mean being guilty. With a skilled attorney and strong evidence, you can fight back against unfair claims and pursue the compensation you deserve for your injuries, medical bills, and lost wages.
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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