If you have been injured in a slip/trip and fall accident and believe you were responsible, don’t let this prevent you from investigating whether you have a legitimate case. This is particularly true if your accident left you with serious injuries that interfere with your normal day-to-day activities or your ability to work. You definitely need the help of a dedicated slip and fall lawyers at Belluck & Fox, LLP.
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Comparative Negligence is a Defense Used in Slip and Fall Injuries
Most of the time, defendants in a slip and fall case will try to demonstrate that the injured party was responsible for the accident. This especially true when the case involves unsafe conditions such as during winter seasons. In reality, juries are more likely to agree that both bear some responsibility. Shared responsibility is called comparative negligence.
New York law allows juries to consider if comparative negligence was a factor in a slip and fall accident. Juries can be instructed by a judge to decide the percentage of fault for each side and monetary damages to a plaintiff are awarded according to this percentage.
The burden is on the defendant to prove you were responsible, at least in part, for your accident.
Example of Comparative Negligence in New York
As an example, if you are talking on your cell phone on the way down a staircase and fall and break your arm, because the stairs did not have anti-skid mats, as required.
A broken arm can be serious, particularly if you care for a young child, are employed, or are a student. A broken arm may make it hard to use computer, drive, or work.
However, because you were on your phone, the defendant may claim you were at least partly at fault for your accident. If the jury agrees, your award will be reduced by the amount it says you were responsible for your injury. It will not prevent you from recovering for your injuries, but may reduce the amount you collect.
Consult a Qualified Attorney for Slip and Fall Cases
If you have suffered a slip and fall injury in New York, you may have limited time to file a claim. You should immediately seek help from our injury lawyers at Belluck & Fox, LLP. Visit our New York City office, we provide a free consultation and analysis of your case.