As a visitor to someone else’s property, it is reasonable to expect that the necessary precautions have been taken to ensure that any unsafe property conditions have been remedied. Thereby preventing severe accidents and injuries. In New York, property owners are legally obligated to maintain a safe environment for everyone who enters their premises. Property owners failing to comply with their legal responsibilities can result in devastating consequences. Unfortunately, if you’ve been injured in a slip-and-fall accident, it can be challenging to prove that a property owner knew or should have reasonably known that the safety hazard that caused your injuries existed. However, a determined New York City Slip and Fall Lawyer can help you gather evidence that establishes a property owner’s negligence.
Will I have to fulfill the burden of proof in a premises liability case?
As mentioned above, property owners in New York are legally obligated to take reasonable precautions to maintain a safe environment and prevent harm to visitors. In a premises liability case, you must fulfill the burden of proof. To satisfy the burden of proof, you must demonstrate that the property owner’s negligence directly caused your injuries, as they breached their duty to exercise reasonable care in keeping their premises safe.
In addition, you must be able to prove the facts of the case, including that the property owner had or should have had knowledge of the safety hazard on their premises. They not only had or should have had knowledge of the dangerous condition, but they left the condition unattended, failing to fix or provide adequate caution about the hazardous condition, resulting in your injuries.
What evidence can help prove a property owner was aware of a safety hazard on their premises?
Establishing that a property owner knew a safety hazard existed on their premises can be challenging. However, property owners are given a reasonable amount of time under the law to discover a dangerous property condition and an opportunity to remedy the issue to prevent injury. If a property owner fails to correct a hazardous property condition, you may be able to obtain video surveillance footage with the help of a skilled lawyer.
This can assist in demonstrating that the property owner allowed the safety hazard to exist for a substantial amount of time before the injury occurred, making them negligent. In addition to their time requirements, it is beneficial to gather contact information from employees as there may be a chance that an employer or other visitors reported the safety hazard weeks before the injury occurred.
If you’ve been injured in a slip-and-fall accident, it is in your best interest to contact an experienced lawyer from the legal team at the Law Offices of Brian J. Elbaum, who can help you hold responsible parties accountable for their negligence and fight for the maximum compensation for your injuries.
