27 Feb 2016

Who Can Be Liable in a Slip and Fall Case?

Thousands of people a year are injured when they slip and fall on dangerous surfaces like wet floors, construction areas or defective stairs. On many occasions, the property owner is responsible for the accident but this is not always the case. Often, it can be difficult to determine who is at fault as there are many factors. As a New York slip and fall lawyer, Martin Weiser has seen the devestating impact a slip and fall accident can have on injury victims.

Here are some questions to consider:

  • Could the property owner have prevented the accident? Was there a sign on the wet floor or a locked gate in front of the construction area? While every person has a responsibility to be aware of their surroundings, property owners need to take extra steps to ensure visitors are aware of dangerous areas.
  • How long had this area been left unattended? The amount of time a dangerous area has been left unattended factors in considerably when determining liability.  For example, did a handrail recently break just minutes ago, or has a broken handrail been left in a dangerous condition for months?
  • Was the person who was injured under the influence of drugs or alcohol? While everyone should have a reasonable right to safety, this changes considerably when the injured person was under the influence.

If you have been involved in a slip and fall injury on private property or on a public sidewalk and have more questions about who is liable, call our New York slip and fall lawyer at (212) 213-3111 to schedule a case evaluation.