Slip and fall injuries are just one common example of the many injuries that can affect visitors on another’s property. While these may seem like trivial incidents, the fact is that the physical injuries and other losses that result from falls can have a catastrophic impact on your life. A successful lawsuit or insurance claim could bring you the compensation that you need to set things right, but these cases can be complex to handle on your own.
Talking with a Nyack slip and fall lawyer could help you better understand your rights under the law and is the first step towards the receipt of fair compensation. A reliable personal injury attorney aims to fully investigate the fall, obtain the evidence that proves a landowner’s liability, and protects your interests during settlement talks and court sessions.
The law is straightforward in establishing the rights of visitors on the property of others. The case of Maheshwari v. City of New York, 2 N.Y.3d 288 (2004) reinforces the general concept that landowners have a duty to provide reasonable care for guests to keep their land in a safe condition. It then follows that the question of whether a landowner was responsible for a slip and fall must evaluate the totality of the circumstances leading up to the incident.
A Nyack slip and fall lawyer gathers the evidence needed to show that a property owner was unreasonable in allowing a hazard to exist that resulted in an injury. This negligence could include:
The final decision of whether a landowner was negligent in allowing a fall to occur often ends up with a jury. Hiring a slip and fall attorney in Nyack to pursue the case could increase your chances of demonstrating this essential concept.
Property owners and their insurance companies may concede that they had a duty to protect a guest from accidental harm and they might even admit that the fall happened on their land. However, state law still allows them to attempt to limit their liability by arguing that the plaintiff did not take proper steps to protect themselves.
New York Civil Practice Law and Rules § 1411 establishes the concept of pure comparative negligence. In short, this means that a court must examine the actions of both landowners and injured plaintiffs to assign blame for a fall. If the court accepts that an injured person carries a portion of fault for the incident, the court must reduce the financial award by the same portion.
Defendant landowners can introduce a wide variety of evidence in an attempt to raise this defense, such as:
Talking with a Nyack slip and fall lawyer could help someone better understand this important legal concept. An attorney fights to limit the impact of this law on otherwise reasonable demands for compensation.
State law places an obligation on landowners to take appropriate steps to protect guests on their land. Every slip and fall case must evaluate the totality of the circumstances that led up to the incident and assign blame to either a landowner, a fall victim, or both. Proving that a property owner was negligent in allowing a fall to occur is a crucial aspect.
A Nyack slip and fall lawyer is prepared to take the lead in proving fault for an injury. We also assist claimants like you in placing accurate dollar values on your cases and seek out the full compensation that you deserve. Place a call to StolzenbergCortelli, LLP to learn what is possible in your case.
White Plains Personal Injury Attorneys