Generally, to build a premises liability case against a store owner requires you to prove that your accident was caused by the negligent actions of the store owner. You will need to establish the following:
In order for a store owner to be held liable for your accident, you must show that your slip-and-fall accidents was caused by a dangerous condition on store premises. Some of the most common dangerous conditions include:
Store owners are legally required to take reasonable steps to inspect their property for dangerous conditions to protect their customers. The store owner must have had actual or constructive notice of the dangerous condition to be held liable for your accident.
Additionally, you will have to show that the store owner acted negligently by failing to take reasonable steps to maintain the property. Common forms of negligence include:
Lastly, you will have to show that the store owner’s negligence directly and proximately caused your accident and that you suffered damages as a result of the accident. The store owner may try to prove that your negligence contributed to your own accident. However, in New York, you can still recover damages if you are less than 100 percent liable for your accident.
Proving a premises liability claim in court can be difficult without the help of an experienced attorney specializing in personal injury law. An attorney can advise you as you go and give you the best chance at recovering damages.
Prior results do not guarantee a similar outcome
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