Founding Attorney
New York streets, sidewalks, and businesses are no strangers to accidents. When an accident occurs on a business owner’s property, questions of liability can quickly arise. Here, we will explore the circumstances under which a business owner in New York can be held responsible for a slip-and-fall accident on their premises.
Business Owner’s Responsibility for Slip and Fall Accidents on Their Property
Business owners have a legal obligation, known as a duty of care, to ensure the safety of individuals on their property. This duty extends to customers, employees, and even visitors. To establish liability in a slip and fall case, the injured party must demonstrate that the business owner failed to fulfill this duty. Factors such as carelessness or inadequate maintenance can contribute to establishing the fact that a property owner has failed to uphold their duty.
You see, to hold a business owner responsible for a slip and fall accident, you must show that the property owner was negligent in safely maintaining their premises. The elements of negligence are: duty, breach, causation, and damages. In other words, the property owner must have owed you a duty of care, that duty was breached, and the breach of that duty caused you compensable harm.
Establishing Negligence in Slip and Fall Accident Cases
To hold a business owner responsible for a slip and fall accident, the injured party typically needs to establish the following elements:
- Existence of a hazard: Was there a hazardous condition on the premises? Common hazards can include wet floors, uneven surfaces, icy walkways, or poorly maintained areas.
- Knowledge or constructive knowledge: Did the business owner know about the hazard? If not, should they have known about it through reasonable inspection and maintenance?
- Failure to address the hazard: Did the business owner fail to take appropriate action to remedy the hazardous condition? This could include providing warnings, repairing the issue, or implementing safety measures.
While business owners are generally responsible for maintaining safe premises, there are exceptions. If the injured party’s actions significantly contributed to the accident, such as ignoring warning signs or engaging in reckless behavior, it may impact the business owner’s liability.
Additionally, in certain cases, landlords or property management companies may share responsibility for slip and fall accidents. Establishing liability can be complex, and involve navigating the intricacies of New York premises liability law.
In New York, business owners bear a significant responsibility for the safety of individuals on their property. Slip and fall accidents can lead to severe injuries, and when negligence is a factor, legal action may be necessary.
New York Personal Injury Attorney Michael LoGiudice Can Help
If you or someone you know has experienced a slip and fall on a business’ premises, seeking the guidance of an experienced personal injury attorney can be critical. Understanding your rights and the factors that contribute to liability is the first step toward obtaining the compensation you deserve for your injuries. Reach out to experienced Personal Injury Attorney Michael LoGiudice right away. Contact us today.