If you have been injured in a slip and fall accident that occurred on someone else’s property, then you may be entitled to compensation. The extent of your injuries and the amount of compensation that you receive will ultimately depend on whether you can prove that the defendant violated their duty of care to protect you from harm. In order to have a strong claim, you will need the assistance of a Bronx Slip and fall attorney handling premises liability claims. A good personal injury lawyer will thoroughly investigate the circumstances of your accident by interviewing witnesses, taking photographs and reviewing medical records. He or she will also handle all aspects of your lawsuit, from negotiating with insurance companies to filing the complaint and pursuing maximum compensation for your injuries.
A successful slip and fall case will be based on the property owner’s failure to eliminate or fix the dangerous condition that contributed to your accident. This can be a slippery floor, a broken sidewalk or a torn carpet. In some cases, the defendant could have had advance notice of the danger from a neighboring business, a maintenance worker or a passerby. In other cases, the defendant might have discovered the danger after the accident occurred if they had exercised reasonable care.
One of the most common arguments that property owners make in these cases is that you were negligent in failing to see or avoid the hazard that caused your injury. This is especially common in cases where you fell on a snowy or icy surface. It is important to remember that this argument is not a defense to your case, but an attempt to reduce the amount of damages you will be able to collect.
Another common way in which the defendant will try to reduce your damages is by arguing that they had no obligation to keep their property safe for you because it was an open and obvious danger. For this to be true, the hazard must have been so obvious that any reasonable person would have noticed it and fixed it or warned you of it. This is a much harder standard to meet, and it is often determined by judges and juries based on their experience and common sense.
In some cases, a Defendant will argue that you were a trespasser and they were not responsible for your injuries. This can be a serious issue if you were at the defendant’s place of business for work-related reasons and they were not aware that you were there. However, this is not always an applicable argument.
A final way in which the defendant might try to reduce your damages is by arguing you were responsible for your own accident. This can be a very difficult thing to prove, but it is vital that you have a lawyer who understands how to deal with these issues. A competent NYC personal injury attorney will know how to counter these arguments and get the most out of your settlement or verdict.