Some initial questions should be asked in order to determine whether the property owners actions were “reasonable” under the circumstances:
- Who had control over the situations and conditions that led to the accident?
- Did the unsafe condition exist long enough for the owner to know about it?
- Does the owner have a regular procedure for maintenance? If so, what proof is there of this regular maintenance?
- Did the owner make choices which led to the creation of the unsafe condition? Did the owner make the safest available choice they could make under the circumstances? If the owner made a choice that was not the “safest available,” what is the owner’s excuse for putting someone else at a greater risk than necessary? Is that excuse reasonable?
- Could a barrier or warning sign been placed to prevent injury?
- Did poor or broken lighting conditions contribute to the accident?
Your own carelessness could also contribute to the accident. Judges and juries also take your actions into account when considering the liability for your injuries or other damages. Consider this:
- Did you conduct yourself in a reasonable manner under the circumstances that existed at the time of your accident?
- Would a careful person have been able to notice and/or avoid the dangerous area?
- Were there warnings of or barriers around the dangerous area?
- Were you distracted or behaving recklessly in a way that made your injury more likely?
The outcome of a slip and fall case will usually depend upon a balancing of the responsibilities for the accident between the two parties involved (e.g. the person injured and the property owner).
To learn more about slip and fall accidents or personal injury law, contact the Brooklyn personal injury attorneys at Law Offices of William J. Maniatis. Click here or call us today at (212) 248-5060 for a consultation with an NY slip and fall attorney.