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What Is Reasonable?
Did the property owner use their common sense? Was there something the property owner "should have known" was dangerous? Did the property owner use reasonable care to keep the property safe? A judge and jury will certainly take the answers to these questions into consideration.
If the property owner is careful in their efforts to keep the property safe and clean, they most likely have shown "reasonable" care. Here are some initial questions you can ask yourself to help determine if a property or business owner may be liable for your injuries:
- Did you trip over a broken, or uneven area of carpet or floor or did you slip on a wet area? If so, was the dangerous condition in place long enough so the owner "should have known" about it? Has any accident happened there before?
- Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?
- If you tripped over or slipped on an object someone placed or left on the ground, was there a good reason for the object to be there? If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?
- Was there a safer place the object could have been located?
- Could a barrier have been created to warn people of a potential danger?
- Did poor or broken lighting contribute to the accident?
If the answer to one or more of these questions was in your favor, you may have a claim for compensation. Please remember, however, you need to think about whether your actions contributed to your accident.
If you or a loved one has suffered from a slip and fall, call us now at 1-800-483-2050 or contact us by clicking on New York Slip and Fall Attorney.
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Cellino & Barnes represents or has represented clients throughout New York State, including Albany, Albion, Amherst, Binghamton, Buffalo, Corning, Cortland, Dunkirk, Elmira, Geneva, Hornell, Ithaca, Jamestown, Lockport, Medina, Long Island, Niagara Falls, Olean, Poughkeepsie, Rochester, Schenectady, Syracuse, Troy, Utica, Watertown, Wellsville and more.
Cellino & Barnes serves clients throughout Nassau County and Suffolk County, including, but not limited to: Amityville, Babylon, Bayshore, Brentwood, Centereach, Central Islip, Commack, Copiague, Deer Park, Freeport, Hauppauge, Hicksville, Huntington, Islip, Levittown, Lindenhurst, Long Island, Massapequa, Melville, Merrick, Norwich, Patchogue, Smithtown, Syosset and Wantagh. |