Suffering an injury due to slipping and falling while on a private premises is surprisingly common. While medical services may need to be sought and wages may be lost as a result of these incidents, not all of them will result in a successful premises liability claim. To be successful in claiming back damages after a slip-and-fall accident on a private premises, you should understand what needs to be proven.
It is necessary to establish that the injury you suffered occurred due to premises negligence. In other words, you need to show that the premises on which you injured yourself did not fulfill their duty to keep you safe, and as a result, you suffered damages. The following are some possible ways that you can prove negligence in a slip-and-fall claim.
Showing that the premises owner did not act to make a dangerous condition safe
Hazardous conditions can arise from time to time in any space, especially one that is frequented by many people every day. Those responsible for running a premises, such as retail workers, must do what they can to identify potential hazards and address them in a reasonable time frame. For example, a customer in a store may spill their drink. This could create a slip hazard for other customers. Therefore, staff must be attentive enough to notice the hazard and cordon off the area to avoid injuries. If they do not do this in an adequate amount of time and an injury occurs, they could be held liable.
Showing that the premises owner engaged in negligent processes
You may alternatively be able to show that the premises owner was systematically negligent through their business practices. For example, in a children’s play facility such as a bounce house, there should be certain safety practices in place. For example, there should not be too many children on a trampoline at any given time. If staff are not trained adequately or if they do not enforce safety rules and an injury occurs due to this, they could be held liable.
Take the time to determine what you believe to be the cause of the injury you suffered before taking action in New York to file a premises liability claim.