When you enter another person’s property, you reasonably assume that they have taken the appropriate measures to maintain a safe environment for everyone and anyone who enters the premises. Unfortunately, severe accidents and injuries may occur when the appropriate parties fail to uphold their legal responsibilities. Injured individuals are entitled to take legal action to recover monetary compensation for their damages. However, before collecting compensation for your losses, you must fulfill the burden of proof and demonstrate that the negligent party knew or should have known that the safety hazard existed. This can be challenging as you must prove they did not take the appropriate measures to warn visitors and remedy the condition. That said, it is in your best interest to contact a determined slip and fall lawyer who can help you gather evidence to hold responsible parties accountable for their negligence.
WILL I HAVE TO FULFILL THE BURDEN OF PROOF IN A PREMISES LIABILITY CASE?
If you are injured in a slip-and-fall accident due to a property owner’s negligence, as mentioned above, you must satisfy the burden of proof, which means you must prove that their negligent actions directly led to your injuries. To successfully fulfill the burden of evidence and maximize your chances of recovering financial compensation for your losses, you must prove that the property owner owed you a standard duty of care, meaning they were responsible for maintaining the premises. You must prove that the property owner knew or should have reasonably had knowledge of the dangerous property condition and failed to fix it or provide adequate caution to guests of the hazardous condition. Finally, you must prove that the dangerous condition resulted in your injuries and that if the property owner upheld their legal responsibility, your injuries would have been prevented.
HOW CAN A SLIP AND FALL LAWYER PROVE A PROPERTY OWNER WAS AWARE OF A SAFETY HAZARD?
Proving that a property owner knew or should have known about a dangerous condition on their premises and failed to take appropriate measures to fix it is a challenging aspect of pursuing legal action against a negligent party. However, with the help of an experienced slip and fall lawyer, it is possible. Victims can establish a property owner was aware of a safety hazard through the legal time requirements of discovering and remedying an unsafe property condition. In New York, property owners are granted a reasonable amount of time to detect a hazardous property condition and enough time to fix it. Fortunately, your lawyer can help you obtain security footage that can help show the dangerous condition was allowed to exist for a substantial amount of time before the injury occurred.
In addition, in the immediate aftermath of an accident, you should capture pictures of the accident scene and the safety hazard that caused your injuries if you are physically capable. It is also beneficial to remember whether employees or other customers witnessed the accident or if they reported the hazard to the property owner before the accident, proving their negligence.
If you have been injured due to a property owner’s negligence, you need a seasoned slip and fall lawyer from the legal team at The Bàez Legal Group, who can help you fight for your right to financial compensation. Our firm is prepared to represent your interests to maximize your chances of achieving a favorable outcome.