Westbury Slip and Fall Lawyer
Slip and fall accidents commonly occur despite all landowners having a duty to maintain their premises in a way that prevents harm to lawful visitors. However, just because a slip and fall happens on someone else’s property does not necessarily mean that the owner of that property is civilly liable. An injured person must demonstrate that a property owner owed them a duty of care and that their actions violated that responsibility in order to recover compensation.
A dedicated personal injury attorney could help you pursue compensation to cover your medical bills, lost wages, and mental anguish. In the process, a Westbury slip and fall lawyer could help you establish your rights as a visitor and examine the actions of property owners to determine liability.
The Duty of Landowners to Provide Protection
As part of the obligations it places upon landowners to protect their visitors, New York state law requires property owners to take reasonable steps to protect visitors from foreseeable harm. The law makes little distinction between visitors who enter a premises for their own benefit and those who enter for a landowner’s gain. As such, most slip and fall cases involve determining whether an owner took appropriate steps to keep their property safe.
Landowners who allow ice to accumulate on sidewalks, fail to repair potholes in parking lots, delay cleaning spills, or neglect to secure handrails and walkways may face liability when these conditions cause a visitor to suffer an injury. A seasoned Westbury attorney could investigate the circumstances of a slip and fall accident and assess whether a landowner’s negligence likely contributed to the incident.
Common Causes of Slip and Fall Accidents
Slip and fall accidents often result from hazardous conditions that property owners fail to address in a timely manner. Unsafe surfaces, poor lighting, and a lack of routine maintenance are among the most frequent contributors. Common conditions that lead to these incidents include liquid spilled on the floor, torn carpeting and damaged flooring, and cluttered walkways with debris or merchandise that obstruct safe passage.
Outdoor hazards are also a frequent cause of serious injuries. Snow accumulation on walkways, snow or ice on a sidewalk or parking lot, uneven sidewalks and cracked pavement, and defective or broken steps can all create dangerous conditions for visitors. Inadequate security lighting, loose or missing handrails on stairs, and debris left in the middle of a walking path further increase the risk of a fall. A Westbury slip and fall lawyer could investigate whether these or similar hazards existed at the time of your accident and whether the property owner failed to correct them within a reasonable period.
Assigning Fault for a Trip and Fall Accident
Being injured on someone else’s land does not mean that the property owner automatically carries liability. According to New York Civil Practice Law & Rules § 1411, a judge must apportion blame for an injury on all involved parties.
In an ideal case for a slip and fall victim, a defendant would carry all liability for an injury, but many defendants try to shift blame onto plaintiffs in order to avoid blaming themselves. If a court finds a plaintiff partially liable, it could reduce that plaintiff’s compensatory award in proportion to their assigned percentage of fault.
As a result, a slip and fall case must consider the actions of all parties. For example, a property owner may be at fault for not removing ice from a sidewalk, but an injured person may contribute to their losses by wearing improper footwear. A knowledgeable slip and fall lawyer in Westbury could explain the legal concepts relevant to this type of litigation and develop strategies accordingly.
Benefits of Hiring a Slip and Fall Lawyer
Working with a slip and fall lawyer offers several important advantages when pursuing compensation after an injury. An attorney provides advocacy throughout the claims process, manages all communication with insurers, and handles negotiations with the insurance company on your behalf. This protects you from tactics designed to minimize or deny your claim while allowing you to focus on your recovery.
Your attorney also plays a key role in evidence gathering. This may include obtaining incident reports, maintenance records, medical records, and safety policies, as well as conducting witness interviews and working with investigators when necessary. From the initial consultation through the final pursuit of damages, a knowledgeable Westbury slip and fall lawyer can organize your case, identify liability issues, and work to position your claim for the strongest possible outcome.
Contact a Westbury Slip and Fall Attorney Today
Every landowner has a responsibility to maintain their property in a way that prevents foreseeable injuries to visitors. However, this does not mean that owners are automatically at fault for injuries that occur on their property. If you suffered an injury while visiting someone else’s land, qualified legal counsel could work with you to prove that the property owner was negligent in their maintenance of the land.
A Westbury slip and fall lawyer could help you pursue the compensation that you need to make up for medical bills, lost earnings, and mental anguish. Call today to start reviewing your legal options.
