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How to Prove Fault in Trip and Fall Accidents

Complexities of Long Island Trip and Fall Accidents

Trip and fall accidents are not just simple mishaps, they can lead to serious injuries. In Long Island, if you are injured in such an accident it is crucial to understand who is at fault. Typically, these accidents occur due to uneven sidewalks, slippery floors, or obstacles on walking paths. Knowing who is responsible is key to your claim.

The concept of fault in these accidents hinges on negligence. Under New York law, property owners have a duty to keep their premises safe. If they fail to do so and you get hurt as a result, they may be held liable. However, proving this liability is not always straightforward. You need to show that the property owner knew, or should have known, about the dangerous condition and did not fix it.

Evidence Collection: Key to Proving Fault

To prove fault in a trip and fall accident in Long Island, evidence is your best ally. Start by collecting photos or videos of the accident scene. These can show the exact condition of the area where you fell like a broken stair or a slippery surface. It is important to do this quickly as conditions can change.

Witnesses also play a critical role. If anyone saw your fall, their account could support your claim. Get their contact information and statements if possible. These testimonies can provide an independent account of what happened, strengthening your case against the property owner.

Legal Criteria for Establishing Negligence

To prove negligence in a trip and fall case in Long Island, you need to meet specific legal criteria. First, demonstrate that the property owner had a duty of care. This means they were responsible for maintaining the safety of their property. Next, show that they breached this duty. For instance, if a store owner ignored a broken step that caused your fall, this is a breach of duty.

The most challenging part is linking this breach directly to your injury. It must be clear that the property owner’s negligence caused your accident. This direct cause is crucial in New York law for a successful personal injury claim.

Challenges in Trip and Fall Cases

Trip and fall cases in New York can be complex, especially when dealing with comparative negligence. This concept means that if you are partly at fault for the accident, it can reduce the compensation you receive. For example, if you were not paying attention when you fell, this might be considered comparative negligence.

Insurance companies often use this to their advantage. They might argue that you were partially responsible for decreasing their payout. This is where our attorneys can help. We understand these tactics and can counter them effectively to protect your rights.

Contact Law Office of Frank J. Cassisi, P.C. to Discuss Your Trip and Fall Lawsuit

If you have been injured in a trip and fall accident in Long Island, do not navigate this alone. Contact Law Office of Frank J. Cassisi, P.C. for guidance. Our Long Island attorneys understand the intricacies of New York law and can help you prove fault in your case. We are here to support you every step of the way.

Do not hesitate to reach out. Call us at (516) 294 5050 for a consultation, and let us assist you in your personal injury claim. With Law Office of Frank J. Cassisi, P.C. by your side, you can confidently pursue the justice and compensation you deserve.

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