At Gash & Associates, P.C., we sometimes get questions about the differences between premises liability and slip and fall cases. A slip and fall case is a specific type of premises liability claim. It happens when someone suffers an injury from a slip, trip, or fall on someone else’s property.
The most important element of slip and fall cases is the hazardous conditions that led to the fall. This could be anything from a wet floor, icy sidewalk, uneven flooring, or any other dangerous condition that the property owner or manager didn’t address. To establish negligence in one of these cases, it must be proven that the property owner knew or should have known about the hazardous condition and that they did not fix it or give a warning. Determining liability in slip and falls hinges on the property owner’s knowledge and lack of response to the hazardous condition.
The Broader Scope of Premises Liability
Premises liability, on the other hand, includes a broader range of situations beyond just slips and falls. It refers to the legal responsibility of property owners for the injuries that occur on their property. Premises liability can also involve issues like inadequate security that leads to assault, attacks from neighborhood dogs, swimming pool accidents, or accidents caused by poor property maintenance.
In premises liability cases, the type of visitor involved plays a significant role. Visitors are typically considered invitees or trespassers, and each category has a different level of protection under the law. For instance, property owners owe a duty of care to invitees (like customers in a store) but not to trespassers.
The Role of Insurance in Premises Liability
Insurance also plays an important role in premises liability cases. Property owners often have liability insurance to cover claims made by people who get injured on their property. This insurance provides a safety net for the property owner and a source of compensation for the injured person.
However, dealing with insurance companies can be challenging. They may try to minimize the payout or deny the claim altogether. Insurance investigators try to save money by discrediting your claim of an accidental injury. If they can prove you are at least partially responsible for the accident, they can avoid paying the full amount of your damages.
This is because New York follows the pure comparative negligence model when it comes to personal injury claims. Basically, if you were responsible for a certain percentage of the accident, your compensation will be reduced by that percentage. That’s why it’s so important to prove what happened using evidence and witness testimony.
How Gash & Associates Can Help
At Gash & Associates, P.C., we understand the various issues of premises liability and slip and fall cases. We are committed to providing experienced, compassionate, and friendly legal assistance to victims in need.
If you or someone you know has been injured due to the negligence of a property owner, don’t hesitate to contact us at (914) 328-8800. We are here to help you navigate the legal process and fight for the compensation you deserve.