Slip and Fall Duty of Care
If you are injured after slipping on a wet floor in a convenience store, you may be wondering if you are eligible to file a personal injury claim. Even if there was a wet floor sign, the storekeeper still owes you a reasonable duty of care to properly warn you of unsafe conditions. Contact our office for a free consultation in which our experienced injury lawyers will determine if you have a case worth fighting. In the meantime, here is some relevant information on the slip and fall duty of care.
Slip and Fall Duty of Care | Comparative Negligence
New York has complex slip and fall laws. In fact, property owners can argue for shared fault to limit the amount a victim can recover. For example, under the comparative negligence law, a property owner can argue that you share some of the blame for an accident, and therefore, they should not be required to pay the maximum amount you are rightfully owed.
A few examples of comparative negligence arguments include:
- You were distracted when the accident occurred
- You were in an unauthorized area of the property
- You were not wearing proper footwear
- Reasonable efforts were made to warn you of unsafe conditions
- Or you failed to recognize an obvious unsafe condition
Under comparative negligence, a property owner can argue that you share a percentage of the blame. For example, if a jury finds that you were 50% at fault in an accident, you would be awarded just 50% of the settlement amount.
Slip and Fall Duty of Care | Hire a Lawyer
That’s why it’s important to hire an experienced New York slip and fall lawyer. The best lawyer will help you investigate your accident and build a strong case to show that you shared none of the fault in the accident. General personal injury lawyers do not have the specialized knowledge of slip and fall cases that can give you the edge you need in the courtroom.