Slip and Fall
Were you recently injured in a slip and fall accident? Even though slip and fall cases are common, the injuries can be serious. Some people are left with broken bones, severe lacerations or traumatic brain injuries (TBIs). In fact, falls are the leading cause of TBIs according to the CDC. Those most at risk for TBIs are over 75 years of age, but they can affect younger people as well.
Determining Who is at Fault for a Slip and Fall Accident
Slip and fall cases can be tricky because the responsible party is not always obvious. Sometimes, the property owner is responsible for the fall and sometimes they are not. Fortunately, there are a few ways to determine who may be at fault.
First, it’s important to recognize that certain things on the floor are normal and not necessarily a cause for blame. For example, drain gates are intentionally placed on the ground for a useful purpose. If you trip on one, it’s not the property owner’s fault. We all have a responsibility to pay attention when walking.
However, property owners do have a responsibility to keep their properties safe. If they do not take the correct measures to care for and maintain their properties, it is possible for them to be held liable.
If your slip and fall involved any of the following, then the owner may be legally responsible for the injuries that occurred.
- The property owner (or employee) must have caused the slippery or dangerous conditions.
- The property owner (or employee) must have known about the slick surface but didn’t do anything about it.
- The property owner (or employee) should have known about the dangerous surface because taking care of the property would have led to a repair.
If the property owner is found to be negligent, it’s usually because of the third reason – not taking adequate care of the property and overlooking dangerous areas. However, because the owner “should have known”, the lines can be blurred. To be successful in your case, you must work with a team of reliable, experienced slip and fall attorneys.
Our Approach to Slip and Fall Cases in New York
At New York Car Crashes, our reputable lawyers approach each slip and fall case in the following manner:
- We examine the scene to better understand how the fall occurred, what role your own carelessness played (if any) and if the owner can be held responsible.
- Depending on the type of fall and your injuries, our NY slip and fall attorneys will review the state, federal and local laws. This can help us determine if the owner committed any violations.
- If a witness was present, we will contact him or her for a formal statement and to testify for the property owner’s negligence.
- In addition to a witness statement, photos of where the injury occurred are helpful.
- Proving damages requires more than saying you have an injury. Our attorneys will need to access all medical reports. This proves to the jury that your injuries were caused by the fall.
- If the reports alone are not persuasive, you may have to ask your doctor to write a special letter addressing the relationship between the fall and your injuries.
If you believe that you have a case that can be settled in court, it’s very important to call a slip and fall lawyer in NY as soon as possible. These types of claims do not get far without having an experienced personal injury attorney on your side. New York Car Crashes has an extensive network of lawyers who can assist with your case. Let us help you get what you deserve.
Contact us today to learn how we can help.