You Slipped and Fell. Now What?
A slip and fall accident is an incident where a person falls and is injured due to the fault of a property owner. People slip and fall all the time and the question of fault is the one thing that always comes up. Property owners such as stores and businesses owe their customers a duty to provide a safe environment. That means that owners must clear sidewalks and floors of debris or hazards. Anything that could cause a person to slip or fall must be removed or clearly marked if it cannot be removed. Everyone has seen a “caution wet floor” sign.
Floors must be cleaned in order to provide a safe environment, so if there is a hazard like a wet floor, the hazard must be clearly marked in order to avoid liability for an injury caused by a slip on the wet floor. Anything that can cause a slip or fall must be removed and some common problems are the following:
- A broken/spilled container in a store
- Raised/sunken cement in sidewalk or step
- A newly cleaned floor
- Ice and snow in a parking lot or on a sidewalk
- A hose or other obstruction left in an area where people walk
- A hole in the parking lot or sidewalk
- An unmarked step or stairs
After a person falls and is injured, that person will need to prove that the injury would not have occurred if the property owner had taken reasonable measures to get rid of the hazard, or to clearly warn of the hazard.
Proving an injury was the fault of the hazard and not the fault of the injured party can be difficult. The injured person carries the burden of proving fault. The injured party may also have to prove the property owner knew there was a hazard and there was a reasonable cure for the hazard but the owner didn’t fix the problem.
There is no fee to consult with an attorney to determine whether you have a case for a slip, trip or fall. There are accidents that happen which are not the fault of the property owner and there is no legal consequence for that.
Contact Your Bronx Lawyers today at (718) 796-6900 so we can investigate your case and advise you on the likelihood of an award.