While every slip and fall case is different, one thing they have in common is that no matter the specific circumstances, fault must be determined. Typically, it is the injured party’s responsibility to prove that their injuries were caused by negligence, but when you are injured, this can be an immense challenge. After all, how can you gather evidence from the scene if you have been harmed especially if your injuries are severe? If you are able to collect evidence, how can you use it to show that someone else is responsible? How do you put a dollar value on your case? I’ll answer these questions below. If you need further insight into how to prove fault in your slip and fall accident, get in touch with a slip and fall attorney in New York at Buttafuoco & Associates.
Call 1-800-NOW-HURT.
How do I Prove Fault?
Proving fault in a slip and fall case can be difficult for a variety of reasons. For starters, you must prove that the property owner caused the accident that in turn caused your injuries. To prove this, you must show that the property owner did one of the following:
- Knew about a dangerous condition on the property and did not fix it
- Caused a dangerous condition and did not fix it
- Should have known about a dangerous condition because another “reasonable” person in their position would have known about it.
The injured party must also prove that the property owner/possessor did not act reasonably under the circumstances. To determine this, it may be helpful to consider the following questions:
How long did the dangerous condition exist?
If a customer in a grocery store spilled milk moments ago and you slipped on it, there may have been little the owner or employees could have done to prevent your accident. In this case, they may have acted reasonably.
If, on the other hand, the milk was there for an hour and the manager or owner knew about it, but failed to clean it up and also did nothing to warn you of the hazard, this would not likely be considered a reasonable reaction.
Did the person responsible for the property regularly inspect or clean the property?
If the property owner failed to regularly clean up hazards, inspect structures for safety, or ensure that essentials like light bulbs were replaced and functioning, they could be considered liable if these actions caused your accident and thus your injuries. Again, this shows that their behavior was not reasonable.
Was there a precaution that could have been taken to eliminate the dangerous condition?
If the property owner failed to take a reasonable precaution that could have made the area safer, their behavior may be seen as unreasonable. For example, if a business owner failed to salt their sidewalk or stairs, although that could have prevented slippery conditions (and thus your slip), they may be negligent.
Whether you are at a friend’s house, in a public space, at your workplace, or someplace else, the other party’s insurance will, if you win your case, be required to compensate you for hospital bills, ongoing treatment, and other injury-related expenses.
Evidence Requirements
In order to prove that a property owner is at fault, you will need to collect as much evidence as possible. This could include:
- Photos of the site of the accident
- Photos focusing on the hazardous condition that caused your injuries
- Photos of your injuries
- Medical bills and records
- Witness statements
If you are severely injured, it can be challenging to gather this evidence. If possible, ask a friend or relative to take photos of the accident scene for you as soon as possible. Additionally, it may be worth contacting a New York slip and fall attorney: they can assist with collecting evidence for you, and help you make a case.
Additional Criteria for Proving Fault
One thing victims don’t often realize is that in addition to proving that someone else’s negligence caused their accident, they must also prove that they acted reasonably given the circumstances.
First, they must show that they did everything that a “reasonable” person would have done to be safe. We are all responsible for being aware of our surroundings and doing our best to avoid dangerous conditions, so if you were texting at the time of your accident and didn’t notice a caution sign in a restaurant restroom, you could be held partially responsible.
Likewise, if the injured party sustained their injuries when they were somewhere they shouldn’t have been, were acting in an unsafe manner, or ignored warning signs, it is unlikely that they will have a winning case. Sometimes, however, if you are only found minimally responsible for your accident while the property owner is found mostly responsible, your payment may be reduced by the percentage to which you are considered responsible.
As you can see, these cases can be complicated, so working with a slip and fall attorney in New York can be helpful in proving your case.
If you or a loved one was injured in a slip-and-fall accident, call us at 1-800-NOW-HURT for a free consultation. We will review your case and help advise you on a course of action.