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How to Understand Comparative Fault in a Westchester County Slip and Fall Case

Experiencing a slip and fall accident on another person’s property can be a stressful and confusing situation. If you’ve been injured in this way, you might be wondering how you’ll pay for your medical bills or recover the wages you lost from missing work. The short answer is you’ll want to prove that the property owner created an unsafe environment for visitors and, therefore, is at fault for the accident and any damage it caused.

In Westchester County, understanding how fault is determined in a slip and fall case can help you hold property owners accountable for their negligence. You can also reduce the amount of blame levied on you and recover compensation for the money you lost. Partnering with Gash & Associates, P.C. in Whiteplains, NY, can provide guidance during this challenging time, and help you receive the maximum settlement possible for your injuries.

If you’ve been injured in a slip and fall accident, don’t face it alone. Call Gash & Associates, P.C. for a free consultation.

What is Comparative Negligence?

Comparative negligence means that more than one person can be responsible for an accident. If you slipped and fell in a grocery store, the store might be primarily at fault for not cleaning up a spill. However, if you were also looking at your phone instead of watching where you were going, you might share some responsibility for the accident.

In Westchester County, even if you are partially at fault for your accident, you can still receive compensation for your injuries. However, the amount you receive will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, the compensation you can receive will be reduced by 20%.

How is Fault Determined in a Westchester County Slip and Fall Case?

Determining who is at fault in a slip and fall case involves proving a few important elements of the accident. Firstly, property owners have a “duty of care” to keep their premises safe for the visitors they invite. If they fail to meet this responsibility, it is considered a breach of duty. This means if they don’t clean up a spill, fix a broken step, or at least provide proper warnings about a hazard, the store manager or property owner will be at fault for the injury.

The next legal element is causation, which means there must be a direct link between the property owner’s negligence and your accident. Simply put, you need to show that their negligence directly caused your slip and fall. Then, you need to demonstrate that you suffered injuries or financial losses because of the accident they caused.

Our slip and fall lawyers at Gash & Associates will collect surveillance footage, maintenance records, and witness statements to prove your case. We’ll show that the property owner’s negligence was the leading cause of your accident and minimize any fault placed on you.

Call Gash & Associates, P.C. to Maximize Your Personal Injury Settlement

If you’ve been injured in a slip and fall accident, let the experienced team at Gash & Associates, P.C. help. Call us today at (914) 328-8800 or visit our office in White Plains, NY. We’re here to fight for your rights and ensure you receive the compensation you deserve.