Slip and fall accidents can happen in the blink of an eye.
All property owners and occupiers must keep their premises safe for visitors, but some fail to act reasonably, creating a dangerous environment prone to accidents. If you’ve suffered a slip and fall accident, and have been looking for “slip and fall lawyers near me,” look no further. A New York slip and fall attorney at Ginsberg & Caspi, PLLC, can answer all your questions and fight for the compensation you deserve.
Steps to Take Immediately Following a Slip and Fall Accident
There are specific steps you should take immediately after a slip and fall accident. These crucial steps can help strengthen your case in the future.
Seek Medical Attention
If your fall causes any injury, seek medical attention right away. Even if you believe you have not suffered any injury, visit a doctor as soon as possible. Not every injury is evident at the moment, and you may have sustained an injury that has not surfaced yet. A doctor will ask questions and examine you, allowing the discovery of all injuries.
Equally as important is following all medical recommendations. Your doctor may recommend medical treatment or request follow-up visits. Everything is documented in your medical records, which may play a vital role in your case. To get the best possible outcome, be sure to do as you are instructed.
Report the Accident
Report your slip and fall accident to an owner or manager as soon as you can. Often, whoever is in charge must create a report after an accident on their premises. Reporting your accident to the individual in charge is an essential step for your case.
Document the Accident Scene
If possible, collect evidence from the scene of your slip and fall accident. Evidence should include:
- Photos,
- Videos, and
- Witness information.
If available, surveillance footage is also extremely helpful. Your New York slip and fall lawyer will use these pieces of evidence to help strengthen your case.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can happen for a variety of reasons. Some of the most common causes of slip and falls include:
- Poor or improper maintenance,
- Wet floors,
- Slippery surfaces,
- Damaged or uneven flooring,
- Lack of handrails,
- Defective sidewalks, and
- Snow or ice.
If you believe you have a slip and fall case, contact a New York slip and fall lawyer.
Slip and Fall Accident Locations
Many locations can prove to be dangerous, leading to slip and fall accidents. Some of these common locations include:
- Stores,
- Restaurants,
- Public sidewalks,
- Parking lots,
- Construction sites,
- Hotels,
- Office buildings,
- Residential buildings, and
- Stairs and escalators.
Slip and fall accidents can happen almost anywhere.
Slip and Fall Injuries
The most common injuries resulting from slip and fall accidents include:
- Broken bones,
- Lacerations,
- Soft tissue injuries,
- Head and neck injuries, and
- Back or spinal cord injuries,
Slip and fall injuries can range in severity, depending on the cause and location of the accident.
Proving Liability
Proving who is at fault for your slip and fall accident is a vital part of your case. Proving liability requires certain elements to be satisfied. These elements include:
- The owner or occupier owed you a duty of care;
- They breached this duty of care;
- This breach caused your accident; and
- The accident resulted in damages.
Owners and occupiers of property have a duty to keep their premises safe for visitors. However, the extent of their duty depends on their relationship to the visitor. Owners owe a much greater duty to customers at their place of business, for example, than they would owe to a trespasser. An owner can breach their duty through particular actions or inactions that leave the premises unsafe. Breaching the duty of care can happen in various ways. For example, if an office building’s floors have been freshly waxed, and the building manager fails to provide warning signs, causing a visitor to slip and fall, they may have breached their duty of care.
A breach of duty is often the root cause of slip and fall accidents. These accidents may then result in damages, including injuries and damaged property.
Statute of Limitations
Contacting a New York City slip and fall lawyer as soon as possible is essential because of the statute of limitations. Statutes of limitations are laws regulating the amount of time a person has to file a lawsuit. In New York, the statute of limitations for slip and fall cases is three years from the date of the accident. In other words, if your slip and fall occurred on November 1, 2020, you would have until November 1, 2023 to file your lawsuit.
You can still file your lawsuit after the statute of limitations time clock has run, but you are unlikely to be successful. If you choose to file your lawsuit, the defendant’s attorney has the right to bring this to the court’s attention. A judge will usually throw out your case. Avoid forfeiting your right to compensation after a slip and fall accident. Contact a slip and fall attorney in New York right away.
Questions You May Wonder?
With the worldwide pandemic, a number of industries have been negatively impacted, both in the short term and the long term.
Typically, the person responsible for the property where your slip and fall occurred will be liable. This may include a property owner, a tenant, or a property manager. In some cases, more than one party may be held accountable, like a property owner and a tenant.
While someone else may often be liable for your slip and fall accident, this is not always the case. In some instances, the person who has slipped and fallen may have contributed to their accident. This can happen when:
- You weren’t paying attention where you were walking;
- You were on a portion of the property where visitors are not allowed;
- You ignored warning signs; or
- The danger was obvious.
New York follows the pure comparative negligence rule. Under pure comparative negligence, your award will be reduced depending on your percentage of fault. For example, if your award is $100,000, but you are deemed to be 30% at fault, the amount will be reduced by 30%, leaving you with $70,000.
Typically, the person responsible for the property where your slip and fall occurred will be liable. This may include a property owner, a tenant, or a property manager. In some cases, more than one party may be held accountable, like a property owner and a tenant.
While someone else may often be liable for your slip and fall accident, this is not always the case. In some instances, the person who has slipped and fallen may have contributed to their accident. This can happen when:
- You weren’t paying attention where you were walking;
- You were on a portion of the property where visitors are not allowed;
- You ignored warning signs; or
- The danger was obvious.
New York follows the pure comparative negligence rule. Under pure comparative negligence, your award will be reduced depending on your percentage of fault. For example, if your award is $100,000, but you are deemed to be 30% at fault, the amount will be reduced by 30%, leaving you with $70,000.
You will be eligible for certain types of damages, depending on your accident and the severity of your injuries. The two main types of damages are economic and non-economic damages.
Economic damages are calculated with the use of supporting evidence and documentation. These damages include:
- Medical bills,
- Lost wages, and
- Loss of future earnings.
On the other hand, non-economic damages are more challenging to calculate, as they relate to intangible losses. These damages include:
- Pain and suffering,
- Loss of consortium, and
- Mental and emotional anguish.
Your New York slip and fall attorney will review the details of your case and calculate your damages to help get you the fairest settlement possible.
A slip and fall lawyer can be the best ally in your legal battle. Your attorney will be responsible for your case from start to finish, handling all aspects of your case, including:
- A thorough investigation,
- Interviewing witnesses,
- Collecting evidence,
- Calculating damages,
- Proving liability, and
- Settlement negotiations.
You are more likely to reach a favorable settlement with the help of an attorney. If you are unable to settle and your case goes to trial, your slip and fall lawyer will continue to represent you until the very end. Having a New York slip and fall lawyer working on your case gives you the greatest chance of reaching the best outcome.
