Determining Fault in Premises Liability Cases
Your fight for compensation likely will not come without its fair share of challenges. The property owner responsible for your injury will likely deny any fault or argue that you share a portion of the blame. Their argument could state that:
- They had marked off the area or displayed proper signage warning you of potential hazards.
- You weren't paying attention to where you were walking (for example, you were distracted by your cell phone).
- You were on a part of the property where you should not have been.
If you are wondering whether you are partially to blame for your slip or trip and fall accident, an attorney may be able to provide you with a sense of clarity.
New York Comparative Negligence Law
In the event that your New York slip and fall case goes to trial, your compensation amount will be determined by what is known as “comparative negligence.” Simply put, this means any damages you are awarded will be reduced by the percentage of fault you are assigned.
For example, say you recently sustained an ankle injury after you tripped and fell near a construction site. Witnesses in your trial say you stepped over cones designating the dangerous area. The jury then finds you 30% to blame for your injury. Under comparative negligence, your original award of $10,000 would then be reduced to $7,000. For questions about how fault is determined in premises liability claims, be sure to seek the counsel of a knowledgeable attorney.
Why Hire an Attorney?
After a slip or trip and fall, you could be facing physical, emotional, and financial hardships. An attorney can be a valuable resource as you fight for fair compensation.
Don’t let a negligent property owner prevent you from living the life you deserve. Contact our skilled legal team at the Law Office of Steven R. Smith today to schedule a free consultation of your case. We represent clients throughout the area, including residents of Hempstead, Westbury, Queens, Hicksville, Mineola, and all counties and areas of New York.