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Slip and fall claims: how property owners try to avoid responsibility

A slip and fall injury claim could arise when an individual slips, falls, and injures themselves due to someone else’s negligence. For example, if a restaurant manager knew that the floor by the front door was slippery but failed to put up a wet floor sign and someone slipped and fell, then the property owner could be held liable for the injuries and other losses suffered by the victim.

While some slip and fall injuries aren’t severe enough to file a claim, others can be serious or even life-threatening. Slip and falls are the number one source of worker’s compensation claims and account for 21% of emergency hospital visits, according to the National Floor Safety Institute. 

If you decide to file a slip and fall lawsuit against a defendant, it would be beneficial to anticipate and understand what defensive arguments they might pose. Slip and falls can occur anywhere, so the defendant in your case could potentially be anyone. You, as the plaintiff must prove the defendant’s negligence, so they will be looking for ways to prove that they were not negligent.

Lack of causation

The defendant will try to prove that they did not create the circumstances that led to your fall. If you slipped on a silk scarf in a clothing store, for instance, they could argue that someone else dropped the scarf on the ground without their knowledge.

No breach of duty

The defendant will attempt to prove that they did not breach their duty of keeping their premises safe for guests and visitors. They will present evidence or testimony that shows they maintained the safety of their property.

Comparative or contributory negligence

This type of negligence refers to the negligence on the part of the plaintiff (you), meaning the plaintiff acted carelessly and contributed to their own injury. The court will compare the plaintiff’s negligence with the defendant’s negligence and determine how much the defendant will have to pay in damages. 

Contact a New York slip and fall accident lawyer

The New York slip and fall injury lawyers of Hach & Rose, LLP have helped countless clients in the city and across the state get the full compensation they deserve and are ready to do the same for you.Call our office at (347) 318-9604 or reach out to us anytime online to schedule your FREE consultation with us today.


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