More than 52,000 hospitalizations occur every year due to slip and fall accidents in New York. That is a staggering number of potential personal injury lawsuits.
While the law entitles the victims to seek compensation for their injuries from the property owners or other parties at fault in a slip and fall accident, winning such cases is not always easy.
The complexity of New York civil practice laws, comparative negligence rules, and the various legal defenses that can be used by the defendant make such a personal injury claim a difficult one.
That is why the key to getting justice and walking away with damages in a slip-and-fall claim is often having a good lawyer to fight for the rights of the victim.
The Law Office of Carl Maltese is ready to offer a free consultation right now to discuss the merits of a slip and fall lawsuit and can advise on how to prove fault in a construction accident in NY.
Common Causes of a Slip and Fall Accident
Before a property owner's negligence can be established and compensation awarded, the cause of the slip and fall incident must first be uncovered.
The following are some of the most common causes of injuries and fatalities in such cases:
Waxed or wet floors
Defective paths and sidewalks
Poor lighting
Spilled drinks
Ice or snow
Poorly constructed staircases
Loose mats, carpeting, or floorboards
Missing handrails
Poor training of employees
Cords lying across walkways
Debris left on the ground
Uneven ground or flooring
Victim Status: Invitee, Licensee, or Trespasser
Before taking the case to court, one of the first things a good slip-and-fall lawyer will look at is the status of the victim at the time of the incident. Law Office of Carl Maltese can also consult on how to prove fault for a dog bite in NY.
This is important in establishing the duty of care the property owner owed to the plaintiff and helps to anticipate any legal defenses that may be used.
In most slip-and-fall cases, the victim usually falls into one of the following three categories:
Victims can be invitees who are on the property as visitors. A good example is a customer who gets injured while shopping in a supermarket. In a New York slip and fall case, the highest duty of care is usually owed to invitees.
It is also common to have licensees on the property with permission to enter a building for any other reason besides business. An example is a contractor hired to clean a supermarket. Property owners are required to warn licensees of any potentially hazardous condition that may cause a slip-and-fall accident.
The final category refers to trespassers who enter a premises when the building is closed and without any permission from the property owner. While owners must not intentionally harm trespassers, they cannot be held responsible for not providing warning signs about potential slip and fall hazards.
Four Elements of Negligence in a Slip and Fall Accident
The ability to prove negligence and fault is the foundation on which a slip-and-fall case is built.
A slip and fall lawyer in Long Island must be able to show that the person in charge of the building, the property owner's insurance company, or some other negligent party is to blame for the serious injuries suffered by the victims.
To achieve this, the following four elements of negligence have to be met:
Duty of care - An attorney proves that the defendant owed a certain level of care and legal obligation towards the welfare of the injured party. A property owner, for example, is expected to take steps to mitigate risks that people may face when inside the building.
Breach of duty - It must be shown that the defendant failed to fulfill their legal obligation of providing adequate care to the victims. This could include situations such as failure to close off areas that have loose floorboards or put adequate warning signs for people to see.
Causation - A direct link has to be established between the breach of duty of care and the injuries sustained by the victim. In other words, it must be proved that it was the defendant's actions or lack thereof that led to the slip and fall incident.
Damages - Finally, for a slip and fall lawsuit to be valid, the victim must have suffered damages as a result of their injuries. These can be in the form of monetary damages, such as medical bills, or non-economic damages, such as pain and suffering.
Steps to Prove Fault in a Slip and Fall Accident Claim
Proving fault in a slip-and-fall accident lawsuit is an intricate step-by-step process that requires attention to all details to maximize the chances of winning the claim.
In most cases, the verdict hinges on what the victim does in the aftermath of the incident. As such, it is important to remember the following steps:
Seek medical attention
Gather evidence, such as photos
Obtain witness statements
Report the incident to the property owner
Contact a good personal injury attorney
Comparative Negligence Laws in a New York Slip and Fall Case
One of the things making such cases complicated is the comparative negligence law in New York.
These rules state that the victim can be held partially responsible for their injuries in personal injury cases.
In such cases, the amount of compensation received may be reduced to match the percentage of fault that the court decides to assign to each party.
Is the Property Owner Always at Fault in a Slip and Fall Accident Lawsuits?
A good slip-and-fall lawyer knows that there may be other liable parties to blame for an accident besides the property owner. Potential at-fault parties include:
Contractors
Other tenants
Building managers
Other visitors
Government entities
The Slip and Fall Statute of Limitations in New York
When injured on someone else's property in New York, the victim has three years from the date of the slip-and-fall incident to launch a lawsuit if they want to recover compensation.
The statute of limitations is designed to give any reasonable person and their team of personal injury attorneys enough time to gather evidence and prepare for the case.
Contact a New York Slip and Fall Attorney Today
Slipping and falling can result in something as minor as a bruise or can cause traumatic brain injuries. In either case, the victim has the right to seek compensation from the at-fault party.
However, proving fault is not always easy, which is why a good lawyer is often required. Victims hoping for a successful claim in their slip and fall personal injury case can call The Law Office of Carl Maltese for a free case review.
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