Whenever you visit land that is the property of another party, that party has an obligation to keep you safe. This includes providing protection from injuries that are the results of slips and falls. However, just because an injury happens on the premises of another person does not mean that the property owner is automatically responsible. State law says that landowners must only provide reasonable care to prevent injuries. In some cases, a property owner may allege that your own carelessness was the cause of a fall.
A Nanuet slip and fall lawyer from StolzenbergCortelli, LLP may be able to help you prove that a landowner’s negligence was the sole cause of your losses. Our reliable personal injury attorneys establish your rights as a visitor, evaluate the actions that led to your injury, and refute any allegations that your own carelessness was the cause of the accident.
Slip and fall injuries are just one example of premises liability incidents. These laws state that landowners have a duty to protect guests on their land. The rule is present in the case of Maheshwari v. City of New York, 2 N.Y.3d 288 (2004), which establishes the rule that a landowner must take reasonable care to protect their guests and keep their land safe.
Every case must examine the exact circumstances that led to a fall. This includes evaluating the steps that a landowner took to keep the property in good repair, as well as the presence of any temporary hazards that a property owner should have fixed to prevent a fall. An attorney from StolzenbergCortelli, LLP is ready to perform a full investigation into the reasons for a slip and fall injury in Nanuet.
Once an injured person determines that they enjoyed a right to protection, they must evaluate the actions of the landowner to determine if that owner was negligent. In general, a landowner must take reasonable steps to provide protection from hazards.
In the case of slips and falls, it is reasonable for business owners to identify a hazard such as standing water. It is also reasonable to take steps to cordon off the hazardous area, provide warning signs, and assign an employee to clean the spill. A failure to take these steps may lead to a slip and fall lawsuit.
However, even in cases where a plaintiff can prove that a defendant failed to take the necessary protective steps, a case may still be unsuccessful if a jury believes that a plaintiff contributed to their own losses. A concept of law called modified comparative fault means that courts must evaluate the actions of all parties after accidents to assign blame. According to New York Civil Practice Law and Rules § 1411, a court will reduce a victim’s compensation by the percentage of blame that they carry for the incident.
As a result, a Nanuet trip and fall lawyer from StolzenbergCortelli, LLP could help prove landowner negligence and fight back against allegations of contributory negligence.
It is not uncommon for people to suffer broken bones, separated joints, or traumatic brain injuries after slipping and falling. Additionally, many people miss significant time at work or endure debilitating mental trauma. If a property owner was liable for not providing proper protection to you as a guest, you might have the right to demand compensation.
At StolzenbergCortelli, LLP, a Nanuet slip and fall lawyer could help you prove your claim by establishing your legal rights, gathering evidence that points to negligence, and demanding proper compensation for your losses. State law gives you a maximum of three years from the date of the injury to pursue your claim, so contact us today to get started.
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