Godosky & Gentile, P.C.

One Of New York City’s Most
Prominent & Respected Litigation Law Firms

How do you prove fault in a slip and fall accident?

After getting hurt, the last thing you want to worry about is how to prove your case in front of a court. 

However, with slip and fall injuries, there are multiple ways to show the business or property owner was at fault for your injury. 

Easy to avoid 

One of the most important aspects of a slip and fall case is whether or not a reasonable person could avoid a certain hazard. The basis of this idea is that the property owner is only at fault if there were not measures taken to prevent such an accident. Previous knowledge that the property owner had of an issue with a building or surrounding area that led to someone getting injured is incriminating. 

In addition, tripping over some feature that is easy to avoid does not count as a slip and fall accident. You have an obligation to be aware of the space around you while maneuvering through a place. 

Negligence 

Another aspect of a potential case is how much you contributed to your own injury. If you got hurt while distracted or were somehow were partly responsible for the incident, the judge may not award you as much in damages. 

Asking yourself if you were engaging in some dangerous action at that time, and whether or not someone else would be as cautious in your place as you were, is a good idea to help determine how at fault you are. The owner having a sign or warning up also may lead to less damages, since they took measures to properly warn you of potential issues ahead of time. 

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