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The Difference IS OUR PASSION We truly care about our clients NYC PERSONAL INJURY LAWYERS We've recovered millions. for victims of personal injuries. Get a risk free consultation Over 30 years Experience. We know how difficult this is
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Each year, there are thousands upon thousands of slip and fall accidents across the United States. Unfortunately, the vast majority of these cases result in serious injuries that can require significant medical care and long-term therapy. The financial burden this creates for the victim of the accident can be recovered through a personal injury claim, but that requires proving another party’s negligence.

When is a Business Liable?

When you’re present in a place of business, that business has a duty of care to ensure your safety. This means the business must take reasonable steps to protect you from harm or that business may be held liable for your injuries. Where slip and fall accidents are concerned, this primarily involves ensuring the floor in the public areas of the business is clean and free of debris. If there’s a hazard, there are three ways in which the business can be held liable for your injuries.

The first condition is that the danger was caused by the business’ employees. This can include spilling a liquid, wearing or tearing the surface of the floor, leaving an item underfoot, or causing the surface to become slippery. Since the employees of the business are responsible for causing the hazardous situation, they cannot claim they were not aware of the danger.

A second way the business may be held liable is where the employees haven’t caused the danger, but they were made aware of it. For instance, suppose a customer notifies a grocery store manager of spilled milk in the dairy aisle and the manager makes no effort to have the spilled cleaned. In that situation, the store may be held liable if an individual later slips on that puddle of milk and falls.

Alternatively, there are conditions in which the business may be held liable, even if they were not aware of the hazard. If you can show a reasonable person would have observed the hazard and resolved the problem, the business may be held liable. For example, it seems unlikely that no one would notice a one square foot hole in the produce aisle. If the hole hasn’t been repaired or cordoned off by the store’s staff, they may be held liable even if no one reported the hole.

Did You Contribute to Your Own Slip and Fall?

This is a question you should ask yourself, because the business’ insurance adjuster and lawyers will likely ask you before long. If the defendant can show you acted carelessly, it may be determined that you played a part in causing the accident. This is called contributory negligence and it can limit how much you can claim in a personal injury suit. In some areas, the law may prohibit you from filing a claim at all, if the defendant can show you contributed to causing the accident.

So, how can you know if you played a part in causing the accident? When you examine your behavior, do you believe you acted in a manner that may have kept you from observing the hazard? This can include texting or speaking on your cell phone, or possible walking in a distracted manner. If you were engaged in this way and you can reasonably assume another person would likely have seen the hazard, you may be partially negligent in causing the accident.

Another issue that commonly arises is the accident victim’s right to occupy the area. For instance, if you suffered a slip and fall, while sneaking into an area clearly marked for employees only, you may not be able to file a claim. Since you had no right to be in that part of the business premises, any injuries you suffered in that area are at your own risk. Similarly, if you’re in a public area of the business, but you ignore signs clearly designating the danger, you may also be held partially negligent. In these situations, you may not have grounds to file a claim at all.

One of the first things you should do after a slip and fall accident is to consult a lawyer. Attorneys experienced in handling slip and fall accidents, such as the legal professionals at Lawscape Law Offices, can help you handle your case more successfully. They will be better able to negotiate with insurance company representatives to obtain a fair settlement offer. If the insurance company is unwilling to negotiate, your lawyer will be prepared to move forward with a personal injury civil suit. Working with an experienced lawyer gives you the advantage you need to obtain a favorable outcome in your case.

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40 Fulton Street, NYC, New York, 10038.
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1 Old Country Road, Carle Place, New York.
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Suffolk County

150 Motor Parkway, Hauppauge, New York, 11778.
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