Sometimes, determining responsibility for a slip and fall accident can be difficult. Many times, these incidents are the result of one’s own clumsiness and a personal injury claim cannot be successfully filed against the property possessor. However, if the owner or manager is aware of a hazard and fails to warn you about it, then he or she may be cited as at fault.
How do I know if I can make a claim?
In order for you to make a successful premises liability claim against the property owner or manager, you need to be able to prove that the following four factors are present:
- The possessor owed a duty of care to you (or to the general public)
- This duty of care was breached
- The violation of this duty resulted in your injury
- Damages were incurred
Situations that may be reasonable bases for slip and fall claims include falling due to wet or slippery floors, unexpected floor dips or rises, poorly secured or wrinkled carpeting, and holes or cracks in the floor. If these hazards are present and the property possessor failed to warn you of them, then you may be able to bring a successful personal injury case against the responsible person or party.
If you have been the victim of a slip and fall accident on another person’s property, then you may have the right to take legal action against the party responsible for your pain and injuries. Contact the New York City personal injury lawyers of Orlow, Orlow & Orlow, P.C.