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Public Service Law Tip #4 | Yonkers Personal Injury

Ira Maurer | 704 Views | 07/25/2016

Slip Or Trip And Fall

I’m Ira Maurer with a public service law tip regarding slip and fall or trip and fall accidents in New York.

 Liability For The Fall

What exactly do you have to prove if you’re a victim of such an injury? Property owners in the state of New York are liable for injuries if they created a dangerous condition, or they knew about an unsafe condition and failed to take reasonable steps to fix the condition, or they should have known about the condition had they conducted reasonable periodic inspections.

Once you establish that the defendant created the condition, or knew or should have known about the condition, the next thing you have to prove is what actually caused your injury. Juries are not allowed to speculate as to the cause of an injury. If the plaintiff – the injury victim – cannot prove exactly what caused the injury, their case will be dismissed.

 Example

In a snowstorm, for example, property owners are entitled to have a reasonable amount of time to respond to a dangerous condition, clean up the mess – the snow and the ice – after the storm. There’s something called the Storm in Progress Rule. Basically the property owner is not expected to get rid of a slipping hazard while the storm is in progress. They’re entitled to a reasonable amount of time to pass after the storm for them to clear up the slipping hazard. However, if they don’t wait until after the storm and they actually engage in cleanup during the storm, if they create an unsafe condition in the process, or they exacerbate a naturally unsafe condition as a result of what they do, they may still be liable even though the storm wasn’t over yet.

So, if you’re a slip and fall victim and you’ve had an injury in New York, these are some of the basic things you need to know about. For more information, contact the Maurer Law Firm website at maurerlaw.net.

Public Service Law Tip #4 | Yonkers Personal Injury

Slip Or Trip And Fall

I’m Ira Maurer with a public service law tip regarding slip and fall or trip and fall accidents in New York.

 Liability For The Fall

What exactly do you have to prove if you’re a victim of such an injury? Property owners in the state of New York are liable for injuries if they created a dangerous condition, or they knew about an unsafe condition and failed to take reasonable steps to fix the condition, or they should have known about the condition had they conducted reasonable periodic inspections.

Once you establish that the defendant created the condition, or knew or should have known about the condition, the next thing you have to prove is what actually caused your injury. Juries are not allowed to speculate as to the cause of an injury. If the plaintiff – the injury victim – cannot prove exactly what caused the injury, their case will be dismissed.

 Example

In a snowstorm, for example, property owners are entitled to have a reasonable amount of time to respond to a dangerous condition, clean up the mess – the snow and the ice – after the storm. There’s something called the Storm in Progress Rule. Basically the property owner is not expected to get rid of a slipping hazard while the storm is in progress. They’re entitled to a reasonable amount of time to pass after the storm for them to clear up the slipping hazard. However, if they don’t wait until after the storm and they actually engage in cleanup during the storm, if they create an unsafe condition in the process, or they exacerbate a naturally unsafe condition as a result of what they do, they may still be liable even though the storm wasn’t over yet.

So, if you’re a slip and fall victim and you’ve had an injury in New York, these are some of the basic things you need to know about. For more information, contact the Maurer Law Firm website at maurerlaw.net.