How Slip and Fall Accident Attorneys Prove Negligence in Complex Cases

 

Slip and fall accidents might seem straightforward, but proving negligence, especially in complex cases, can be challenging and treacherous because one wrong move can lead to dismissal of the claim.  Falls can cause serious, severe, or catastrophic injuries, but you’re only entitled to compensation if the fall was caused by the negligence, recklessness, or intentional act of another person. The best Queens slip and falls lawyers only accept cases with a solid theory of liability to build upon, and skillfully build their case to achieve excellent results.

Reasonable Care is Required by Property Owners

Property owners are required to use reasonable care to ensure that their premises are safe. The courts have held that the standard for reasonable care mandates that property owners must correct hazards that they knew or should have known existed. For example, if you slip on water that was spilled by a patron at a mall seconds before you slipped on it, the property owner would not be liable for your injuries because it would not be reasonable to expect him to clear spills that quickly. On the other hand, if a leaky roof caused water to pile up for hours at a mall, it would be reasonable to expect the property owner to monitor and correct the hazard, making them liable for the consequences of their negligence. In addition to timing, property owners are only required to make their property reasonably safe, not perfect - people are still required to look where they are going, so tripping on a tiny crack or a floor that is only slightly slippery may not be enough to substantiate a claim. Experienced Queens personal injury attorneys can help you determine whether your claim has merit.

No Duty to Trespassers

Landlords are only responsible for the safety of those legally on their property. For example, you are legally allowed to be in a mall, a store, a parking lot, a movie theater, etc., while these businesses are open, but not when they are closed. Construction sites must use reasonable care to keep trespassers out, but ignore a sign or climb over a fence, they are probably not responsible for the injuries you sustain on their premises. An exception to this rule is the creation of an attractive nuisance to children, such as a pool that does not have a fence around it. In such cases, a property owner can be found liable for children injured on their property. The best Queens slip and fall lawyers will carefully review to facts and evidence to make this determination.

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