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Personal Injury Caused by Slip and Fall: 5 Quick Facts You Should KnowNovember 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:
- 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.
- 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.
- 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.
- 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.
- 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.