When pursuing a slip-and-fall claim, one of the most crucial aspects is proving negligence. Negligence refers to acting recklessly or failing to act in a reasonable manner which results in harm to someone else. Negligence is the failure to act responsibly or reasonably to prevent causing foreseeable harm to others.
Proving negligence is an intricate process that demands a comprehensive understanding of the New York personal injury laws. Proving liability for a slip-and-fall accident can be a complicated task. An experienced Bronx slip and fall lawyer can investigate your accident and injuries to identify the parties liable for causing your injury.
You have to prove four elements for your claim to be successful. These are:
The Duty Of Care
The concept of duty of care refers to the legal duty to act reasonably and avoid causing injury or harm to others.
It is essential to establish that the defendant owed a duty of care to the plaintiff. This duty may vary depending on the relationship between the parties and the case’s specific circumstances.
Breach Of Duty
After establishing the duty of care, the next step is to demonstrate the breach of the duty of care by the defendant. A breach of the duty of care occurs when the defendant’s actions or inactions fall short of the standard of care expected in the given situation.
Causation
Causation refers to the link between the defendant’s breach of duty and the plaintiff’s injury. The plaintiff must demonstrate that the breach directly caused or significantly contributed to the harm suffered by the plaintiff.
Damages
Proving that the plaintiff suffered actual harm or losses due to the breach is key to the success of a slip-and-fall accident claim. Actual harm or losses may include physical injuries, mental anguish, emotional distress, lost wages, financial losses, and other damages. Medical records, witness statements, incident reports, expert testimony, and financial documents may play a vital role in establishing the extent of the damages.
Role Of Evidence In Proving Negligence
Solid evidence lays the foundation of any successful personal injury case. Without robust evidence, establishing the duty of care, breach of the duty, causation, and damages becomes an uphill task.
Proving negligence in a slip-and-fall lawsuit depends on the ability to gather and present evidence. Evidence can include:
- Photographs and video footage of injuries
- The Police report or incident report
- Witness statements
- Medical records and reports
- Records of communications, medical treatments, and costs related to the injury
- Expert testimony
Contact A Bronx Slip-and-Fall Accident Lawyer
Proving negligence in slip-and-fall cases is often tricky. To establish that the property owner was negligent, you must provide evidence that demonstrates that the property owner’s act or omission caused your injuries and that you suffered significant financial losses because of it.
An experienced premises liability lawyer can craft a legal strategy to prove your case and recover damages by settling or a favourable verdict in court.
At Gregory Spektor And Associates, our lawyers provide accurate, ethical, and affordable legal representation to personal injury victims in New York. Contact us to schedule a free case assessment to determine if you have the right to sue for compensation.
