Understanding Slip and Fall Claims in Herricks
A slip and fall claim is typically based on premises liability, which requires showing that a property owner or occupier owed a duty to maintain safe conditions, that they breached that duty by allowing a hazardous condition to exist, and that the breach caused the injury. New York law also applies comparative negligence principles, meaning responsibility can be allocated among parties and recovery may be reduced accordingly. Investigation often involves documenting the hazard, photographing the scene, obtaining surveillance or incident reports, and securing witness statements. Timely action to collect this information is important to preserving a claim and supporting the connection between the condition and the injury.
Not every fall leads to a successful claim, and individual circumstances matter. Factors that influence a claim include whether the hazard was obvious, whether the property owner had notice of the danger, and whether reasonable steps were taken to warn visitors or correct the condition. The type and severity of injuries, medical care provided, and evidence such as maintenance logs or prior complaints can all affect outcomes. Understanding these elements helps injured people evaluate whether to pursue a claim and what kind of documentation and medical follow-up will strengthen their position during discussions with insurers or in court if needed.
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