How do I prove negligence in an industrial accident case?

When attempting to prove negligence in an industrial accident case in New York, three key elements must be established: duty, breach of that duty, and causation of harm. First, it must be established that a duty to exercise care existed. Generally, employers have a duty to provide their employees with a safe workplace. If the employer failed to do so, a breach of duty may have occurred. Second, the breach of that duty must be established. This requires showing that the employer knew that the particular danger existed or that the employer should have reasonably known that the situation was dangerous. This can be done through evidence such as safety inspections or employee reports of hazardous conditions. Third, it must be demonstrated that the breach of duty caused the harm suffered. This means that it must be shown that the harm would not have occurred but for the existence of the alleged hazardous condition. Evidence such as testimony from an expert witness or photographs of the accident scene may be used to support the causation of harm. If all of these elements are established, then the individual may have a successful industrial accident case against their employer in New York.

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How do I prove negligence in an industrial accident case?

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