Can I Sue for a Slip & Fall If There Was a Hazard Sign?
Obtaining Compensation Even If You Were Warned About an Unsafe Condition
A slip and fall accident can result in serious injuries, including broken bones, traumatic brain injury, and nerve damage. When an unsafe condition on another person’s property causes your accident, you might be entitled to compensation for your injuries. But what happens if there was a warning sign? Does a hazard sign prevent you from suing a property owner?
At Denlea & Carton, our attorneys represent individuals who have been hurt as a result of another person’s wrongdoing or negligence. When a person is injured on another person’s property, our legal team can help pursue a claim for damages based on premises liability. If you were injured in a slip and fall accident, contact our office for a free consultation.
New York Property Owner Responsibilities & Liability
In New York, property owners are required to keep their premises in a reasonably safe condition. When a hazard is present, and someone is injured, they can be sued for damages. In addition, a property owner has a responsibility to remedy any unsafe conditions that are known or reasonably should have been known to exist.
Known hazards must be remedied in a timely manner, or if they cannot be corrected quickly, an adequate warning must be given to visitors on the premises. A warning sign, however, does not automatically protect a property owner from liability.
What Is Considered an Adequate Warning?
In slip and fall cases, all the facts regarding the accident will be considered. An experienced attorney will examine whether the property owner conducted routine inspections to ensure that the premises was in a safe condition.
They will also question how long it took for a hazard to be discovered and what steps were taken to remedy the problem. In the absence of fixing the condition, was there a warning sign, and was it adequate?
Determining whether a hazard sign was adequate to warn visitors of the unsafe condition will depend on several factors, including:
- Was it conspicuous, prominent, and obvious?
- Was it close in proximity to the hazard?
- Was it large enough to sufficiently warn?
- Was it visible and in sufficient lighting?
- Was it in a language that could be easily understood?
- What kind of sign was it, and was it handwritten?
- How was it posted? Could it have fallen?
Holding Negligent Property Owners Accountable
In short, a warning sign by itself does not prevent someone who is injured in a trip and fall accident from bringing a lawsuit against a property owner. A finder of fact will consider the totality of the circumstances.
Even if you are found partially responsible for your injuries, you may still be entitled to compensation. However, your settlement or verdict may be reduced in proportion to your fault.
Injured in a Slip & Fall? Contact Denlea & Carton Today!
If you have been injured in a slip and fall anywhere in Westchester County or beyond, contact Denlea & Carton today for a free, no-obligation consultation. Even if there was a warning sign notifying you of the hazard, you might still be able to recover money for your injuries.
We have recovered over $100,000,000 in verdicts and settlements on behalf of accident victims and their families. Call (914) 873-1404 to get the leading representation you deserve.
