While uneven flooring may initially appear to be a minor hazard, it can result in severe and even life-altering injuries. An abrupt trip or fall caused by an unsafe walking surface can profoundly impact a person’s life. If you have sustained an injury due to hazardous flooring, you may be considering your legal options. Please continue reading as we explore what you should know about these matters and how our seasoned Westchester County Slip and Fall Accident Attorneys for further information.
What is Premises Liability?
First and foremost, it’s important to understand that premises liability holds property owners responsible for maintaining a safe environment for individuals on their premises and for warning them of any dangerous conditions. If an individual is injured due to a hazardous condition on a property, the owner may be held liable if they were negligent in addressing or warning about the hazard.
Property owners who neglect to address evident trip hazards on their premises, like uneven flooring, may be held accountable for any resulting injuries. For instance, cracked tiles, warped floorboards, and unmarked changes in elevation within an area can all pose significant risks. You should note that liability extends beyond the mere existence of a hazard; it also hinges on where the property had knowledge of, or reasonably should have been aware of, the dangerous condition and failed to implement appropriate corrective measures.
How Do I Prove Negligence?
To successfully pursue compensation through a premises liability claim, you must establish four key elements: the property owner’s duty of care, the breach of this duty evidenced by the dangerous flooring condition, the direct causation of the injury by said breach, and the accrual of demonstrable damages, such as medical expenses and lost wages. This often necessitates the compilation of evidence like photos of the uneven surface, available surveillance footage, witness testimonies, and pertinent medical records. Furthermore, it’s beneficial to demonstrate that the hazard existed for a duration sufficient to reasonably warrant discovery and rectification by the property owner.
New York courts will likely consider the severity of the unevenness, whether the property owner had prior knowledge of the hazard, and if they took any steps to warn visitors. If successful, you may recover compensation for your economic and non-economic damages.
If you have been injured in a fall caused by loose or uneven flooring, it’s in your best interest to contact an experienced attorney at Hausman & Pendzick, who can help you fight for the justice you deserve. We understand the hardship that fall victims and their families face. Connect with our firm today to schedule a consultation.