Accidents are a fact of life. For those times when you experience an accident due to a slip and fall with resulting injuries, you’re going to wonder if there’s any legal recourse available to you. Pursuing a settlement with an insurance company or suing the property owner means you’ll have to prove that someone else was at fault and liable for your injuries.
What You’ll Need to Prove for Your Case
The Property Owner Caused the Danger
You’ll have to prove that the property owner left a dangerous obstacle in the path that caused the danger. It has to be a hazard that any reasonable person would see and know it could cause an accident or injury.
An Owner or Employee Should Have Done Repairs
Whether it’s a hole in the parking lot, a cracked brick on the stairs or an uneven surface leading to the door, the dangerous condition should have been remedied. The question becomes whether the owner or employee should have recognized the danger and remedied the danger.
Liability of the Owner for Your Injury
One of the terms that will come up often in a slip and fall case is the word reasonable. In order to be deemed negligent, the owner must have failed to act like a reasonable person in the situation. For example, if the owner of a store sees a broken brick on the stairs and decides not to fix it. A reasonable person would assume that the brick can cause an injury and would make repairs to avoid having someone get hurt.
Factors to Consider Regarding Liability
While a property owner should immediately fix problems on the property, there are some factors that could impact whether the owner can be held liable.
You’ll Have to Prove You Didn’t Cause the Accident
In many slip and fall cases, the plaintiff has to prove that he or she wasn’t responsible for the accident. In New York, the rules regarding comparative fault say that even if the plaintiff is 99 percent at fault, they can recover damages. Although, the amount of damages vary by how much the plaintiff is at fault too.
Considerations Regarding Comparative Fault
The confusion of comparative liability and negligence by the property owner can make a slip and fall accident incredibly difficult to prove. This is why it’s vital that the injured person has an experienced lawyer to represent them in a case.
Slip and fall accidents occur throughout Staten Island every day. Thousands of people contact slip and fall attorneys in Staten Island to file claims each year, and many cases are serious. Slip and fall accidents must be caused by someone else’s negligence for victims to seek damages. An example of a slip and fall accident might be a person who slips and falls on a freshly mopped floor in a department store where there were no warning signs posted to alert shoppers of wet floors. The victim of this fall is entitled to compensation. A victim who trips over his own untied shoelaces in the middle of a store is not entitled to compensation. Slip and fall accidents can result in serious injuries, and victims have every right to call an experienced attorney to help with their case.
Slip and Fall Accidents
– Unlit stairwells
– Wet floors
– Construction site accidents
These are among the most common slip and fall accident cases in Staten Island. Every property owner in Staten Island is require by law to maintain their homes, businesses, sidewalks, parking lots, and other personal property to a reasonable degree of safety by eliminating or warning passersby of potential safety hazards. If a business owner has a spot on their driveway where ice has formed and caused the sidewalk to become slippery, they can set up a large sign warning their clients of this fact to avoid being sued. Anyone who chooses to walk there after reading the sign is taking their own chance of slipping and falling and cannot blame anyone else. If the business owner is aware this is there but fails to provide a sign to warn customers, they did not act with reasonable care.
Reasonable is the keyword in a slip and fall accident case. Experienced attorneys are required to prove beyond a reasonable doubt that a property owner was not acting reasonably to prevent a slip and fall accident. What’s considered reasonable is different in every slip and fall case, which is why victims need to hire an experienced attorney to help them navigate this process.
Slip and Fall Damages
When a person becomes a victim of a slip and fall accident, they could experience numerous injuries.
– Broken bones
– Cuts and lacerations
– Road rash
– Brain damage
– Spinal cord damage
– Loss of vision
These injuries require medical attention, and many of them require numerous visits to a doctor or physician. If a slip and fall victim is unable to return to work throughout recovery or because their injuries are too severe, they lose wages. Injuries sustained during a slip and fall accident are much more serious than they initially appear thanks to the long-term damages they might encompass. If you’re the victim of a slip and fall accident, you might be entitled to compensation for the following:
– Medical expenses
– Loss of wages
– Physical therapy
– Wrongful death
It’s unfortunate when someone becomes the victim of an accident such as this one, and it happens all the time in Staten Island. The liable party is responsible for paying the victim or their immediate family damages. If it can be proven a property owner or business owner knew of dangerous conditions and failed to do anything about them, they are liable for the damages caused to you.
New York law states victims of slip and fall accidents must file a lawsuit within so many years of the accident occurring. It’s a scary and confusing time, and many victims are unable to think clearly enough outside of their immediate medical and financial needs to even consider a lawsuit, but now is the time to do it. Our attorneys can help you by investigating the case, analyzing accident reports, photos, and witness statements and making sure you’re given the fair chance to seek much-needed damages. Don’t wait to call, because time might run out before you have a chance to seek the compensation you deserve after such a tragic accident. Let an experienced Staten Island slip and fall accident attorney help you understand your case today.