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Who’s Responsible if You Slip and Fall at a Tourist Attraction?

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From the Statue of Liberty to the Empire State Building and the Metropolitan Museum of Art, there are hundreds of tourist attractions throughout New York City. While the last thing anyone wants to think about when they’re on vacation is being injured, slips and falls at these types of locations are not uncommon. Importantly, property owners have a duty to ensure that their premises are kept in a reasonably safe condition for visitors. If they fail to adhere to their duty of care, they may be held legally responsible for any slip and fall accidents that occur as a result.

Factors that Determine Premises Liability at Tourist Attractions

Determining liability for a slip and fall at a tourist attraction can be complex. Potentially liable parties can include the attraction’s owner or operator, a cleaning or maintenance company, or an on-site vendor. However, to establish negligence, a victim must be able to establish four elements: duty, breach, causation, and damages.

To hold a property owner liable for negligence, the victim must show:

  1. The property owner owed them a duty of care to maintain a safe environment;
  2. The property owner breached their duty of care by not fixing the hazard of warning visitors;
  3. The hazardous condition was the direct cause of the accident-related injuries;
  4. The victim suffered tangible losses.

Simply put, a slip and fall victim must demonstrate that the property owner knew (or should have known) there was a dangerous condition on the premises that could cause a visitor to be injured — and failed to remedy it or warn about it. For example, if a museum just waxed the floor and did not place a warning sign, it could be held liable if someone slipped on the slippery surface.

The type of hazard and the visitor’s conduct at the tourist attraction can also be a factor in determining liability in a slip and fall lawsuit. Notably, a visitor also has a duty to exercise reasonable care. For instance, if the hazard was one that was “open and obvious,” such as a large puddle on a walking path in a park after a rainstorm, a visitor would be expected to avoid it. A visitor might be held responsible for their own injuries if they walked past a “do not enter sign” or engaged in reckless actions.

Suing for a Slip and Fall at a Tourist Attraction

A victim who was harmed in a slip and fall at a tourist attraction may have suffered physically, emotionally, and financially. Depending on the facts and circumstances, there are many different types of injuries that can arise due to a slip and fall accident, including broken bones, nerve damage, sprains, strain, brain injury, and paralysis. Often, extensive medical treatment, physical rehabilitation, and even surgical intervention is necessary to help a victim heal after a slip and fall. A victim might also be required to spend time out of work while recovering from their injuries.

By filing a personal injury lawsuit, a victim who suffered a slip and fall at a tourist attraction may recover a wide range of economic and non-economic damages, including compensation for the following:

  • Unreimbursed medical expenses
  • Future medical treatment
  • Out-of-pocket costs
  • Lost wages
  • Future lost earnings
  • Pain and suffering damages
  • Mental trauma and emotional anguish
  • Disfigurement and disability
  • Loss of enjoyment of life

It’s crucial to carefully document a slip and fall case and gather the necessary evidence to establish liability and recover compensation. Evidence in a lawsuit for a slip and fall injury that occurred at a tourist attraction can include medical documentation, photos or video footage of the dangerous condition, maintenance logs, incident reports, and witness testimony. A good personal injury attorney will know how to evaluate the accident and obtain the necessary evidence to support a specific claim.

Contact an Experienced New York Personal Injury Attorney

Proving liability in a slip and fall accident that occurred at a tourist attraction can be complicated. It’s best to have a diligent personal injury attorney by your side to guide you through the process of filing a lawsuit and work to recover the compensation you deserve. The Dearie Law Firm, P.C., has represented victims of negligence for over three decades and provides skillful advocacy to achieve the best possible results in each unique case. Contact us today for a consultation.

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