A slip and fall can happen on a variety of different property types and under a variety of circumstances. The fact remains, however, that a slip and fall can lead to significant, debilitating injuries. These injuries can be more than just physically painful. They can lead to mobility issues and much more. The cost of medical care and physical therapy that you may need after sustaining a slip and fall injury can quickly pile up to overwhelming levels. Fortunately, the law provides you with a potential means of seeking monetary compensation for the harm you have suffered. Who, however, can be held responsible for paying the damages caused by a slip and fall accident?
Who Can Be Held Responsible for Damages in a Slip and Fall Claim?
Property owners have a legal duty to maintain their property in a way that keeps it reasonably safe and free of hazards. If a property owner fails to uphold this duty, and a person is injured as a result, then he or she may be held liable for the resulting damages. Who you can hold responsible for paying damages in your slip and fall claim will largely rest on where and how you were injured. If you were injured at a residential location, like someone's house, then the homeowner could be responsible for paying you for your damages. In most cases, however, it will be the homeowner's insurance provider that pays for your damages.
In the alternative, if you were injured at work, you will likely need to pursue workers' compensation. In many cases, workers' compensation may be your exclusive remedy under these circumstances. If you were injured at a commercial location, like many are, the business owner may be the person held responsible for your slip and fall damages. A commercial location includes places such as a store, mall, or usually some other type of retail establishment.
In order for a property owner to be held responsible for paying damages in a slip and fall claim, the injured party must be prepared to prove several things. Proving that the property owner owed him or her a duty of care, that duty was breached, and the breach of duty caused him or her to sustain damages can be difficult, to say the least. Proving that there was a breach of a duty owed can be particularly difficult. To do so, you must be able to show that the property owner failed to take reasonable steps to maintain safe property conditions. This could mean showing that the property owner or an employee had knowledge about the dangerous property condition and failed to remedy it in a timely manner. In the alternative, you may be able to show that the property owner or employee should have known about the dangerous property condition and correct it as any reasonable person would have done.
New York City Personal Injury Attorney
When you have suffered an injury in a slip and fall accident, the last thing you probably want to worry about is the legal logistics involved in pursuing your claim. That is why Michael J. Redenburg, Esq. P.C. remains steadfast in pursuing the right of his clients to receive full and fair compensation for their injuries. Let Attorney Redenburg fight the legal battle why you focus on your recovery. Contact our office today.