Proving Liability in a Slip and Fall Accident

Thousands of people are injured every year in slip and fall accidents. These types of accidents can happen to anyone at any time. When they do occur, understanding the laws of liability are key factors in deciding who is responsible for your injuries. If you or someone you know has been injured in a slip and fall accident, contact the injury attorneys at Jacoby & Meyers, LLP NY today. Our team of personal injury professionals has the knowledge and experience to offer you quality legal representation.

While there is no easy way to determine who is responsible for a slip and fall accident, it is important to understand that while a property owner is responsible for creating a healthy and safe environment on their property, this does not automatically make them responsible for your accident and resultant damages.

In determining liability in a slip and fall accident, the property owner or landlord is liable if any of the following factors are true. First, the owner or landlord must have caused the spill, worn or torn spot, or other dangerous condition that led to your accident. Next, the property owner or landlord must have known about the dangerous condition and not done anything about it, leading to your accident and subsequent injuries. Or, the property owner or landlord should have been aware of the dangerous situation because a reasonable caretaker of the property would have seen it, repaired it, or had it maintained as to not let the issue get to the point of injuring someone.

The first two instances of determining liability in these cases are pretty clear cut and straight forward. However, the incidence of a “reasonable caretaker” is usually not as easily defined and may require stronger evidence and a longer discovery time. The word reasonable with regards to such cases, is defined by a property owner or landlord’s thorough and conscious efforts to keep a property clean and safe for anyone on the property. It is required that any property owner or landlord practice a standard of reasonable care within their property. This is the action of maintaining, fixing, keeping up with, and warning of hazards as to avoid accidents on their property. The level of reasonable care practiced leading up to your accident, as well as how your actions played a role, will determine liability in your case.

If you or someone you know has been injured in a slip and fall accident, contact personal injury attorneys of Jacoby & Meyers, LLP NY today. Our team of personal injury professionals has the knowledge and experience to offer you quality legal representation while fighting for the compensation you need and deserve. Call us today at (877) 504-5562. You may also email us at any time at [email protected]

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP