Slip and fall accidents can be devastating, often resulting in severe injuries, significant financial burdens, and long-term physical and emotional consequences. If you have been injured in a slip-and-fall accident and believe you may share some responsibility for your injuries, you may still be entitled to recover compensation for your damages. Please continue reading as we explore how being partially at fault for a slip and fall accident can impact your claim and how a seasoned New York City Slip and Fall Lawyer can assist you in fighting for the justice you deserve.
Can You Still Recover Compensation if You Were Partially at Fault for a Slip and Fall Accident?
First and foremost, it’s important to understand that New York is a pure comparative negligence state. This legal doctrine determines how much fault each party has in an accident. Under the comparative negligence doctrine, you can recover damages even if you are partially at fault for the accident. However, your share of fault will reduce the compensation you can receive. For instance, if you are found 30% at fault, you can collect 70% of your damages.
Therefore, an injured party can seek compensation even if they are partially responsible for the incident, unlike some states where recovery is barred completely or if a person is more than 50% at fault. The higher your share of fault, the less you will be entitled to recover for your damages.
How Can a Personal Injury Attorney Help Determine Fault?
Insurance companies will employ various tactics to minimize the compensation they must pay. They will try to assign as much fault as possible to victims, as the higher your percentage of fault, the lower their liability. As such, it’s crucial to enlist the help of an experienced attorney who can help you determine fault by gathering evidence, analyzing the facts, and understanding premises liability laws to formulate a strong case.
To establish liability in a slip-and-fall case, you need to prove that the property owner was negligent in maintaining a safe environment. You must show that they either knew or should have reasonably known about a dangerous condition and failed to take the necessary steps to remedy the hazard. The following is a breakdown of the elements to prove in a slip-and-fall claim:
- Duty of care: Property owners have a legal duty to maintain their premises in a safe condition for visitors.
- Breach of duty: The property owner failed to meet their duty of care.
- Causation: The property owner’s negligence directly caused your accident and injuries.
- Damages: You suffered actual damages as a result of the slip-and-fall accident.
At The Law Offices of Brian J. Elbaum, we are prepared to negotiate with the insurance company to reach a fair settlement. If necessary, our legal team can effectively represent your interests in court and fight for the maximum compensation to which you are entitled.
