Every winter in Albany, paramedics respond to thousands of slip and fall accidents due to snow and ice. While it may be a lovely sight to see from inside your home, it can be treacherous to walk on. Establishing liability for a slip and fall accident on commercial property is generally the same as proving liability on the part of a residential property owner. The requirements for proving liability are that one of the following circumstances be demonstrated:
- The property owner or renter caused the slippery or dangerous surface.
- The property owner or renter was aware of the slippery surface but failed to take any corrective actions.
- The property owner or renter should have been aware of the slippery surface because any reasonable person taking care of the property would have acted to fix it.
The first two sets of circumstances are generally much easier to establish. The third set of circumstances is sometimes open to debate. A determination must be made that the property owner or renter took reasonable steps to keep the property safe. However, when it involves slip and fall accidents on the premises of restaurants, stores or other businesses, several parties may be responsible. Besides the owner of the property, there are managers, employees, or snow removal and property maintenance companies that are hired to clear the sidewalks and driveways for the premises.
Under premises liability law, landlords can be held liable to tenants or third parties for slip and fall injuries that occur on their property. The four basic sets of circumstances needed to prove liability are:
- The landlord was in control of the condition that caused the accident.
- Correcting the condition would not have been unreasonably expensive or difficult.
- The consequences of doing nothing to repair it caused the fall and serious injury.
- The landlord’s failure to take reasonable steps to repair the condition caused the accident and subsequent injuries.
If you have experienced a slip and fall accident in Albany and were seriously injured, the best course of action is to call the personal injury attorneys at Finkelstein & Partners, LLP. Our personal injury lawyers have been helping people receive the compensation they need and deserve for many years. We are experienced, knowledgeable and know exactly what to do. Call 800-529-2676 or email cis@lawampm.com.
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.