All property owners in Queens, NY have a legal obligation to ensure their premises are safe for visitors. This includes homeowners as well as municipal bodies and business owners. A slip-and-fall attorney can help you prove that the property owner failed to maintain safe conditions and that they should reasonably have known about the hazard.
5 Tips for Proving a Property Owner’s Negligence in a Slip-and-Fall Case in Queens, NY
1: Collect Evidence of the Hazard
Getting medical attention for any injuries should be a priority, but when you are able, it’s important to gather evidence. This could include photos or videos of the environment, including the unsafe conditions. Property owners must prevent foreseeable accidents, which requires them to ensure their premises are safe. They must also display warning signs where appropriate, such as around deep water or on wet floors.
2: Show that Inspections Were Not Carried Out
New York law requires property owners to act with reasonable diligence, which means addressing known hazards they should have been aware of through regular inspections. However, the law doesn’t expect property owners to have remedied a newly created hazard. For example, if the person in front of you in line spills milk, and you immediately slip, the property owner may not be liable.
If you can show the hazard existed for a significant period or that the property owner should reasonably have known about it through inspections, your claim will be stronger. Proof could include surveillance camera footage, witness statements, or maintenance records.
3: Provide Proof of Your Injuries
To file a successful claim, you must prove your injuries were caused by the fall. It’s crucial to see a medical professional promptly for a full evaluation so your injuries can be formally documented. You should seek medical advice even if you believe your injuries are minor. This allows your injuries to be verified and directly linked to the accident.
4: Prove You Weren’t to Blame
New York follows pure comparative negligence laws. This means the other party may attempt to claim you contributed to the accident to reduce their liability. Their allegations may include that you were wearing inappropriate footwear or that you displayed a lack of attention.
By demonstrating you were wearing appropriate footwear and that you were not distracted, you can show that the negligence lies with the property owner. Witness statements and photographs are helpful to prove your claims conclusively and challenge the other party’s version of events.
5: Consult a Queens Slip-and-Fall Attorney Promptly
The statute of limitations for slip-and-fall claims in New York is two years, so it’s vital to hire a lawyer without delay. Evidence can disappear rapidly, so seeking legal advice quickly will preserve key information. New York follows a comparative liability system, so your lawyer can gather evidence to minimize any liability that the other party may attempt to assign to you.
We offer a personalized approach to all our clients, and are proud to serve the entire New York metropolitan area. Contact our slip and fall attorneys in Queens at Simon & Gilman,LLLP for legal advice you can trust.
Connect with us
