Slip and fall claims: how property owners try to avoid responsibility

A slip and fall injury claim could arise when an individual slips, falls, and injures themselves due to someone else’s negligence. For example, if a restaurant manager knew that the floor by the front door was slippery but failed to put up a wet floor sign and someone slipped and fell, then the property owner could be held liable for the injuries and other losses suffered by the victim.

While some slip and fall injuries aren’t severe enough to file a claim, others can be serious or even life-threatening. Slip and falls are the number one source of worker’s compensation claims and account for 21% of emergency hospital visits, according to the National Floor Safety Institute. 

If you decide to file a slip and fall lawsuit against a defendant, it would be beneficial to anticipate and understand what defensive arguments they might pose. Slip and falls can occur anywhere, so the defendant in your case could potentially be anyone. You, as the plaintiff must prove the defendant’s negligence, so they will be looking for ways to prove that they were not negligent.

Lack of causation

The defendant will try to prove that they did not create the circumstances that led to your fall. If you slipped on a silk scarf in a clothing store, for instance, they could argue that someone else dropped the scarf on the ground without their knowledge.

No breach of duty

The defendant will attempt to prove that they did not breach their duty of keeping their premises safe for guests and visitors. They will present evidence or testimony that shows they maintained the safety of their property.

Comparative or contributory negligence

This type of negligence refers to the negligence on the part of the plaintiff (you), meaning the plaintiff acted carelessly and contributed to their own injury. The court will compare the plaintiff’s negligence with the defendant’s negligence and determine how much the defendant will have to pay in damages. 

Contact a New York slip and fall accident lawyer

The New York slip and fall injury lawyers of Hach & Rose, LLP have helped countless clients in the city and across the state get the full compensation they deserve and are ready to do the same for you.Call our office at [phone number] or reach out to us anytime online to schedule your FREE consultation with us today.

Comments

Post a Comment

Popular posts from this blog

What’s in Your Kitchen?  Whoopie Pies, Drinks, Raisins, and Chickpea Salad

What’s in Your Kitchen? MakeFoodSafe.com would like to help you keep your family safe from unsafe foods.  Each week we bring together a list of the current recalls.  Some recalls are issued due to undeclared allergens, which could cause serious or life-threatening allergic reaction if someone sensitive to the product consumes it.  Other recalls are issued due to contamination with harmful material or other health risk.  Check back often and evaluate your fridge, pantry, and shopping list to make sure you can identify which foods to avoid. Stewart’s Shops Corp Recalls Cranberry Apple Refresher Due to Undeclared Allergen Stewarts Shops Corp of Saratoga Springs, New York issued a recall on October 17, 2018 for their approximately 2,300 units of Cranberry Apple Refresher due to the undeclared allergen, milk.  Those with an allergy or severe sensitivity to milk risk serious or life-threatening allergic reaction if the product is consumed. The recall was initiated...
Read more

Injury Data Reveals Infrastructure Need for E-Scooter Riders in NY

The uptick in electric scooter riding in New York City has come with a slew of complications, including a rising number of scooter-related injuries . New York City leaders and scooter company officials alike are weighing their options for creating a safer transit environment for these e-scooters. One recent report suggests that the most promising option is to create more third-lane, or bike lane, options for electric scooters. This report, compiled by the Insurance Institute for Highway Safety (IIHS), found that most people who are injured in scooter accidents were riding on a sidewalk at the time of their accident. Their research suggests that scooter riders often do not feel safe enough to share the road with cars, so they opt for using sidewalks when bike lanes are not available. While this may keep scooter riders safe from colliding with vehicles, it puts pedestrians who use sidewalks at a greater risk. The data show that three out of every five scooter riders who were injured s...
Read more

Food Safety Better at Fast Food or Full-Service Restaurants?

When you go out to eat, there is a level of trust you are putting in the hands of the people who are preparing your food.  There are regulations in place, health department inspections, and a cleanliness factor you expect of a food establishment.  But the bottom line is, a large number of foodborne illnesses occur as a result of eating at a fast food or full-service restaurant establishment.  According to the FDA Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full Service Restaurants, 2013-2014, prepared by the FDA National Retail Food Team, “Consumer demand for food away from home has led to increased spending in both fast food and full-service restaurants.”  According to the study, there are over one million restaurants employing more than 14 million food service workers. So, food safety as it related to fast food and food service is a thing. Food borne illness is serious.  According to the Center for Disease Control and Preventi...
Read more