An injury due to a slip and fall accident can happen anywhere, at any time, and to any person. Property owners have a legal obligation to keep their property free of hazards, such as puddles or boxes on the floor. Not taking proper care to tend their property can constitute negligence, which is the basis of most personal injury lawsuits.
When injuries due to accidents happen, the victim has legal rights. One of those rights is being able to seek compensation. A Brookhaven slip and fall lawyer can help you explore all of your legal options and help you determine how much compensation you’re owed.
For over 60 years, the legal professionals at Carner & DeVita have represented victims who have been injured on someone else’s property. Our Brookhaven slip and fall lawyers know what it takes to win your case. We also know that, while some cases are better handled by negotiating with the insurance company, other cases will need to go to court. We have the experience to fight for your rights in either situation.
To speak with a slip and fall lawyer in Brookhaven, call us today at 631-543-7070 or contact us online for a free, no-obligation consultation.
How Fault Is Proven in Brookhaven Slip and Fall Accidents
Just because you slipped and fell on someone’s property, doesn’t mean you are automatically entitled to compensation. You must prove that the property owner is responsible for your injuries. There are a few different criteria for proving fault in a Brookhaven slip and fall lawyer.
First, could the property owner or manager have reasonably known about the hazard? For example, if you are in a store, and a child spills their drink, it may be hard to prove that the owner or manager should’ve known about the hazard if you slip in the spill just moments later. However, if there is a puddle every time it rains because the roof has leaked for the last six months, the property owner could be held liable if someone slips in that puddle.
Secondly, did the property owner properly address the hazard once it was discovered? This may be as simple as putting out a sign warning visitors of a wet floor, or completely blocking off a section of the property that seems hazardous. They might also clean up or otherwise fix the issue to make sure it’s no longer a hazard.
Finally, what obligation did the property owner have to protect you from injury? In general, there are three categories of people who may visit a property. First is a trespasser, or someone who is not legally allowed to be on the property or on a certain section of the property, such as areas closed off to the public. Property owners must simply not intentionally cause harm to trespassers.
Second are licensees. These are people who are allowed to be on a property, but they aren’t there for the financial benefit of the owner. Examples of licensees include delivery drivers, people at a house party, and plumbers. Property owners are required to take reasonable care to protect licensees from slips and falls, such as cleaning up spills once they are discovered.
The third category is invitees. These are visitors who are on a property for the financial benefit of the owner. The most common example is a shopper in a retail store. Property owners are required to take all possible precautions to protect invitees, including thoroughly inspecting the property on a regular basis.
Speak to a Brookhaven Slip and Fall Lawyer Today
If you have been injured in a slip and fall accident on someone else’s property, you may be entitled to compensation. At Carner & DeVita, we have helped injury victims get the compensation they deserve for over 60 years. For a free, no-obligation consultation with a Brookhaven slip and fall lawyer, call us at 631-543-7070 or contact us online today.