How do you Prove Negligence in a Slip and Fall Case?
Slip and fall accidents
can occur unexpectedly and lead to significant injuries, whether on sidewalks,
in commercial properties, or at private clubs or residences. In Queens,
Brooklyn, Bronx, and across New York City victims injured in slip & fall
accidents can collect compensation if they can prove that the injury was due to
someone’s negligence. This negligence could be either causing or failing to
correct a hazardous condition. In this blog, we will explain what victims
should do in such a scenario and how we at Wittenstein & Wittenstein can
help you get the highest possible compensation for slip-and-fall accidents in
Queens, Brooklyn and across NYC. We have
more than six decades of experience as negligence
lawyers in Queens and Brooklyn and have a long list of satisfied clients
across New York City.
Understanding
Negligence in Slip and Fall Cases
Negligence refers to
the failure of one party to exercise reasonable care, resulting in harm or
injury to another party. To establish negligence in a slip and fall accident in
Queens and Brooklyn, certain factors must be considered by the Forest
Hills accident attorneys. We have listed some of them below:
●
Ownership
and Control: Identify the owner of the property and in
some cases the non-owner that was responsible for the property, such as a
commercial tenant.
●
Duty
of Care: Prove that the victim has a right to be on
the property when the accident happened.
●
Breach
of Duty: Prove that the property owner, or other person
in control of the property, failed to take reasonable steps to ensure that the
property was safe. Some examples of unsafe conditions are missing guardrails,
slippery floors, insufficient lighting and broken tiles.
●
Causation:
Prove the unsafe condition directly caused the injuries you’re claiming, rather
than some other cause.
●
Damages:
Prove that you suffered out-of-pocket losses such as medical expenses and lost
wages, and that the accident caused you to suffer pain and emotional distress.
Proving
Negligence
Proving negligence in a
slip-and-fall case involves gathering evidence to support these elements:
●
Documentation:
Keep records of the incident, including photos of the accident scene, videos,
if possible, any visible hazards, bills, and your medical reports describing
your injuries.
●
Witness
Statements: If there were witnesses present at the
accident scene, take their contact details. Their statement can strengthen your
case.
●
Maintenance
Records: Request maintenance records from the
property owner to determine if there was a history of neglecting hazardous
conditions.
●
Medical
Records: Your medical records will document the
extent of your injuries, treatment received, and post-hospital care required.
How
Wittenstein & Wittenstein Can Help
Navigating the
complexities of proving negligence in a slip and fall case requires legal
expertise from an experienced Queens and Brooklyn slip and fall attorney.
Wittenstein & Wittenstein, specializes in slip and fall and personal injury
cases in NYC. We can help you in many ways:
● Evaluate Your Case: Assess the strength of your claim based on the evidence and
circumstances.
● Handle Communication: Negotiate with insurance companies on your behalf to ensure you
receive the best possible
compensation.
● Litigate if Necessary: Represent you in a court of law, if a
fair settlement cannot be reached, advocating for your rights and maximizing
your compensation.
Read More:- https://www.wittenstein.com/how-do-you-prove-negligence-in-a-slip-and-fall-case/
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