What is the burden of proof?

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What is the burden of proof?

For personal injury cases, injured individuals may be faced with the task of fulfilling the burden of case to prove their case. This may be tough for some people. It is better to acquire the help of an experienced attorney. Not only can they help you with legal matters, but they may have to go back to the scene of the accident to review any hazards. If you are injured severely, you may not be able to go back to the scene. This can give your attorney the ability to do this for you. For these situations, it is best to take pictures of the scene. Try to get these pictures taken before the hazard is removed. This can help support your case. Personal injury cases can hold you responsible for proving the negligence of a property owner’s negligence and proving this negligence lead to your accident.

Property owners are responsible for maintaining a safe premises. They must take the proper steps to remove any hazards present and to keep their property clean for people to walk through. If they fail to do so, they may be held accountable for an accident that occurs. If a property owner knew or should have reasonably known about a hazard present and did not take the proper steps to remove it, they may be held responsible for an accident that occurred. This can cause them to pay damages to an injured party. As long as the injured party is able to fulfill the burden of proof, the property owner may be deemed responsible.

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How can weather affect these cases?

During the winter time, snow and ice can be a hazard to pedestrians. They can often cause slip and fall accidents that can cause painful injuries to individuals. When individuals are involved in these accidents, it can cause detrimental injuries. For weather-related hazards, property owners may have a specific time frame to remove snow and ice. If individuals proceed at their own risk before the time period has expired, they may not be able to hold the property owner responsible for their accident. However, if the snow is present after the time period has expired, the property owner may be proven to be negligent. They should have removed the hazard in time.

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.

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Whether you need a car accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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