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, do not fix potholes in parking lots, fail to clean spills in a timely manner, and do not properly secure handrails or walkways could be held liable if these actions—or a lack thereof—cause a visitor to sustain an injury. A seasoned Westbury slip and fall attorney could investigate the causes of a claimant’s slip and fall accident and determine whether a negligent landowner could be held liable.
Assigning Fault for a Trip and Spill 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 blame themselves. If a court finds a plaintiff partially liable, they 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.
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.