Slip and fall accident cases are nearly always based upon a legal doctrine known as premises liability. If you have found yourself the victim of this type of accident, it is important that you understand some essential facts and factors in order to best protect your legal rights and interests. Included in any consideration of your legal rights and interests following this type of incident is understanding the crucial role Brooklyn slip and fall accident lawyers can play in ensuring that you obtain the compensation to which you are entitled.
Identifying Responsible Parties in Your Brooklyn Slip and Fall Accident
As mentioned, the doctrine of premises liability likely applies in your slip and fall accident case. At its essence, premises liability provides that the party, or parties, in control of the premise where an accident occurred is responsible for negligence that caused the incident in the first instance.
The reality is that identifying the party, or parties, responsible for injuries caused in a slip and fall case is not always patently obvious. Again, the crucial consideration is determining who exercises actual control over the premises in relation to the accident at hand.
Consider for a moment a slip and fall case at a grocery market. Assume for the purposes of this explanation the store is owner by one party that rents the property from another party, a fairly standard landlord and tenant relationship.
In case number one, a patron of the store slips on milk that spilled onto the floor of the market and was not cleaned up in a timely manner. The owner of the store would be the responsible party because that party has control over the interior of the store. The landlord, or owner, of the premises is not likely to be a responsible party in regard to a spilled milk slip and fall case.
In case number two, a patron of the store slips on ice on a walkway leading to the store that was not properly cleared of snow and ice in a timely manner following a snowstorm. The landlord is responsible for snow and ice removal.
In this scenario, the landlord would be a responsible party. However, the store owner likely would be a responsible party as well. Even though the store owner is not responsible for snow and ice removal, if the store owner or manager has knowledge of the situation in front of the store, and takes no affirmative steps to protect patrons, the store owner very well may be deemed a responsible party for the injured patron.
Finally, in case number three, consider a situation in which a leaky roof causes water to accumulate on the floor of the store, which is not cleaned up in time. The landlord is responsible for repairing the roof, but has not informed about the problem. The landlord conducts regular inspections of the property and the roof was not damaged at the time of the last inspection, only a week earlier.
In this case, the store owner would be responsible for the injuries sustained by the store patron. If the landlord can demonstrate that the lack of knowledge was reasonable under the circumstances, the landlord may not be deemed a responsible party.
Skilled, experienced Brooklyn slip and fall accident lawyers can develop persuasive argument, incorporating vital facts, to build a case in regard to responsible parties in a slip and fall accident case. A layperson typically lacks a necessary appreciation of all the niceties when it comes to responsibility in a slip and fall accident case.
Compensation in a Brooklyn Slip and Fall Accident
Financial compensation in a Brooklyn slip and fall accident case depends on the nature and extent of the injuries, and the circumstances surrounding the accident in the first instance. With that said, common types of compensation in a slip and fall accident case include:
- pain and suffering
- mental anguish
- medical expenses
- lost income
A person typically is entitled to recovery for existing losses, as well as those reasonably expected to be incurred in the future. A Brooklyn slip and fall accident lawyer can schedule an initial consultation to discuss issues of compensation and other matters associated with your case. As a general rule, there is no cost for an initial consultation.