Slip and fall accidents can be more complicated than they first appear, especially when it comes to determining liability. In Westchester County, like many other areas, the law allows for shared liability in certain slip and fall cases.
This means that even if you, as the victim, are partially responsible for your injury, you may still have the right to recover compensation. Its important to understand how premises liability works and why you should seek legal advice before assuming fault.
If you’ve been injured in a slip and fall accident in New York, call the personal injury attorneys who can help. Call Gash & Associates today.
How Liability Is Determined in Slip and Fall Cases
Liability in slip and fall accidents depends on various factors, such as the condition of the property, whether the property owner or manager knew about the hazard, and whether the injured person was acting reasonably and responsibly. Westchester County courts apply what’s known as comparative negligence to slip and fall cases. This rule allows for both the property owner and the injured party to share liability. In other words, they can both share part of the blame for the accident.
For instance, if you slipped on an icy sidewalk that the property owner failed to clear, the owner could be held accountable. However, if you were not paying attention or wearing inappropriate footwear for the conditions, you could be found partially responsible. In these cases, your compensation could be reduced by the percentage of fault that the courts assign you.
Why Victims Should Not Assume Fault
One common mistake people make after a slip and fall accident is assuming they are entirely to blame. Even if you think you were careless, that doesn’t mean you don’t have a valid claim. Property owners have a legal duty to maintain safe premises. If they neglect this duty, you may still be entitled to compensation, even if you’re partially at fault.
Before making any assumptions about liability, it’s important to speak with an experienced attorney. At Gash & Associates, P.C., we help clients understand their rights and ensure they receive a fair evaluation of their case. Our legal team will assess the evidence, including property conditions, eyewitness accounts, and other factors, to determine who is truly liable for the accident.
Seek Legal Advice for a Fair Assessment
If you’ve been injured in a slip and fall accident, don’t navigate the legal process alone. Liability can be a complex issue, and having a knowledgeable attorney by your side can make a significant difference in your case. At Gash & Associates, P.C., we have extensive experience handling premises liability claims and can guide you through every step of the legal process.
Our team is ready to assess your situation and help you pursue the compensation you deserve. We will fight to ensure that any shared liability is handled fairly, and that you aren’t left bearing the full burden of the accident.
For a free consultation, contact Gash & Associates, P.C. today at (914) 328-8800. Let us help you understand your rights and secure the best possible outcome for your slip and fall case.
