Personal Injury Caused by Slip and Fall: 5 Quick Facts You Should Know

November 15, 2013

Slip and fall” is a term used for Buffalo personal injury cases in which a dangerous condition causes a person to fall and be injured on someone else’s property.

Here are 5 quick facts about slip and fall cases that you should know:

  1. A legally recognized slip and fall can happen in a private home. When you usually think of a slip and fall case, you think of personal injury caused by slipping at the grocery store or on a staircase at a sporting event. However, if you go to a private house and the owner created unsafe conditions that caused you to fall and be injured, the homeowner can be sued for damages.
  2. Slip and fall cases involving Government Entities are special. When a slip and fall injury happens on government property – local, state, or federal – special rules apply. These cases have strict requirements regarding prompt notification of the government and sometimes shield government entities from slip and fall liability.
  3. It’s the victim’s job to prove negligence. If you slip and fall, it’s your burden to prove that the other party breached a legal duty owed to you and that their negligence caused your injury. You have to prove this by a preponderance of the evidence, which basically means the other party was “more likely than not” negligent in creating the situation that caused your injury.
  4. Your award might be reduced if you contributed to the injury. New York has a comparative negligence standard, which means that if you also negligently contributed to the injury, your award amount will be reduced, proportionate to how much you contributed to the injury.
  5. Most slip and fall cases don’t go to trial. More often than not, slip and fall cases get settled out of court.

If you have been involved in a slip and fall and have suffered personal injury, please call us at 716-400-0000.