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Slip-and-fall accidents could lead to lawsuits

Every year, a number of Staten Island residents are injured in a "slip-and-fall". Slip-and fall accidents occur when a person slips or trips on someone else's property, and they are injured as a result. In many cases, dangerous conditions on the premises left there by negligent property owners. Public sidewalks can be broken, cracked or covered with ice.

When incidents like these occur, the injured party may file a lawsuit against the owner of the property where the incident took place. Courts will have to determine who is legally responsible for the injury. The injured person must prove that the cause of the accident was a "dangerous condition." They must also show that the property owner knew or should have known of the dangerous condition.

In order to prove that the property owner was aware of the condition, the plaintiff must show that the owner himself created the condition or that he knew the condition existed but negligently failed to correct it. The plaintiff may also be able to show that the condition existed for such a length of time that the owner should have discovered it and corrected it before the incident occurred.

Slip-and-falls occur on both commercial and residential properties. In commercial settings, a store owner may be held liable to shoppers on the premises. In residential settings, the landlord may be liable to tenants or third parties who get injured on a rental property. If you have been injured in either setting, you may be awarded damages by the court if the court finds the owner liable.

A slip and fall could lead to several losses and damages in addition to the injuries they suffer. It is important to understand how they can overcome this and what legal remedies are available to them. This could help with their recovery and alleviate the financial burdens associated with the incident.

Source: FindLaw, "Slip and Fall Accidents Overview," accessed on Nov. 25, 2014

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Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
Staten Island, NY 10301

Phone: 347-286-1937
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