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Understanding slip and fall accident liability is critical

Slip and fall accidents are common, increasingly so in times of inclement weather like the oncoming snow and ice expected to be prevalent throughout this winter. For that reason, it is critical for everyone to understand some of the things that are involved in slip and fall accident liability.

One key matter is determining if the owner of the property at which the slip and fall accident happened could have done anything to prevent it. You may presume that the sheer fact of an accident means that the property owner is at fault, but that is not necessarily true.

For example, a leaky roof may contribute to a slippery floor, but if the owner had a drainage grate installed into the floor to limit slipperiness, that may be viewed as sufficient to render them not liable for the accident. Of course, each case is different and the facts of each case need to be thoroughly reviewed with an attorney.

Yet, some cases do have clear liability for slip and fall accidents, when the property owner can be shown to be liable either by having caused the accident or by having failed to prevent it via negligence. If there is a dangerous condition and a reasonable person would have noticed it and fixed it, the property owner can be held liable for slip and fall accidents that happen because of that dangerous condition.

If the property owner did notice the dangerous condition but didn’t do anything about it, that also is cause for holding him or her liable. This can happen when a property owner decides to not address dangerous conditions because he or she doesn’t want to spend the money to do so. By considering these points, you can decide with your attorney if you have a case worth pursuing after you are in a slip and fall accident.

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“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”