Slip and fall accidents that result in harsh injuries can be a very unpleasant thing. Medical exams, therapy, treatments, staying at home, and lost wages can significantly affect your budget.
Trying to win a slip and fall accident can be very hard and it may be almost impossible to do it on your own. Slip and fall accidents that happened in your rented home can be even more problematic. You may think that there is no one to blame, but if you could prove that your landlord was negligent, you may stand a chance.
Collecting a settlement for your injuries could significantly help you while trying to recover. To prove their negligence, you should consult with a New York slip and fall accident attorney.
Negligence in a Slip and Fall Case
To have a successful slip and fall claim, there must be negligence. Without it, there is no liability, therefore no case.
Slip and fall injuries that happened in an object owned by a property owner (by your landlord, in this case) can be challenging. To win the case you’ll have to prove that your landlord was negligent. They should have caused (or didn’t do anything to prevent) your accident. Keep in mind that just because your landlord’s premises were unsafe doesn’t mean that they were negligent. This is why you need to prove that the premises were unsafe.
Slip and Fall In Your Rental Home
Your rented home may look great, but it could still have some issues.
Let’s say that the ceiling was leaking; the water was dripping on the floor, which caused you to slip and fall. The main question is whether your landlord knew about this roof issue?
In case you failed to inform your landlord about the leak once it started, you’ll have a hard time to prove that the landlord was negligent for your injuries. If you didn’t inform the landlord, you can expect that the jury might rule against you on the ground that you should have known what you were getting yourself into when renting a home in such a terrible place.
But, if the landlord knew about this and didn’t do anything to fix the leak, you’ll have a chance to prove that they were responsible for your accident.
These accidents aren’t easy to win, mainly because the juries tend to think that the responsibility for your steps is your only.
Exterior of Rental Property
Slip and fall on an icy or snowy sidewalk (while walking from the front door to the street) is a slip and fall on the landlord’s property. But, were they responsible to shovel the snow? The landlord’s liability will depend on your lease with them. If it says that you must shovel the snow (let’s say the landlord lives far from the home) then the landlord won’t be responsible for your slip and fall accident. In case the lease says that the landlord is responsible for shoveling the snow, they would be responsible for your injuries (no matter if you told them about the snow or not).
Slip and fall accidents are also common at stairs of the apartment or house. If you slipped on a foreign body on the stairs, the chances to win the case are low. In case the stairs were defective (broken part for e.g.) then you’ll have a strong case and you could easily win.
Proving Liability Against Your Landlord
In slip and fall accidents, it’s important that you take photos of the accident scene, as well as your injuries, and your clothes. Let’s return to the icy sidewalk example; snow and ice can change very fast. It may be very challenging to win a slip and fall accident without photos of the condition (as it was at the moment of the fall). The photos of your injuries can prove how serious the fall was. If you wore winter shoes (take pictures) to prove that you were careful and suitably dressed.
Seeking legal help could help you win your case. Trying to do it on your own may not be a very good idea. Yes, you were supposed to be more careful and watch your step, but also, the landlord was supposed to take care of their property and provide you a safe place to live.
Instead to worry about the outcome, evidence, and other legal terms, allow a team of professionals to represent you.
Our mission is to help you get your compensation claim.