If you have been injured on a business property, such as a store, restaurant, hotel, or office building, you may be wondering if you can sue the business for negligence. Of course, the answer depends largely on the specifics of your individual accident. That said, in order to sue a business for negligence, you need to prove that the business breached its duty of care to you as a customer or visitor, and that this breach caused your injury. Please continue reading and reach out to a New York City personal injury lawyer from the Law Office of Richard M. Kenny to learn more about how we can help you fight for the compensation you deserve and need after a slip and fall in a business.
What is duty of care, and what duty of care may a business owe customers?
Duty of care is the legal obligation that a property owner or occupier has to ensure that their premises are reasonably safe and free of hazards that could harm anyone who enters the property. This includes inspecting the property regularly, repairing any defects or dangers, and warning of any known or potential risks. For example, a duty of care may require a business to:
- Clean up spills or leaks promptly
- Remove snow and ice from sidewalks and parking lots
- Fix broken stairs, railings, or floors
- Provide adequate lighting and security
- Keep aisles and exits clear and accessible
- Follow health and safety regulations
How do I prove a breach of duty of care?
A breach of duty of care occurs when a property owner or occupier fails to meet the standard of care that a reasonable person would exercise in the same situation. To prove a breach of duty of care, you need to prove the following:
- The business knew or should have known about the dangerous condition on the property
- The business did not take reasonable steps to fix or warn of the condition
- The dangerous condition caused your injury
What damages can I recover in a slip and fall injury claim?
If you can prove that a business was negligent and caused your injury, you may be entitled to recover damages for your losses. Damages are monetary compensation that aims to restore you to the position you were in before the injury. Damages may include the following:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
If you have any further questions about your case, or you believe you have a valid claim against a negligent store or business owner, please don’t hesitate to reach out to the Law Office of Richard M. Kenny today. We are here to fight for you, every step of the way.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
