A slip and fall is a common kind of accident that may seem to be more embarrassing than harmful, but it is possible for such an injury to leave a person with serious injuries. That is because they could easily hit their head against the ground, which can cause a traumatic head injury, or if the slip occurs on a staircase, then they could end up with several broken bones. However, no matter the injury, the victim of the accident may not have to pay for the expenses caused by it out of their own pocket.
The reason is that if the slip and fall happened because of neglectful behavior by the property owner, then the victim is entitled to compensation from the owner’s insurance company. That is because a slip and fall case falls under the umbrella of premises liability, which in turn is one of the many different kinds of personal injury cases. What all of this means is that if you want the best chance of getting the compensation that you need, then you should hire a personal injury attorney to help you.
And if you need a Long Island personal injury attorney, then you should contact us at Isaacson, Schiowitz & Korson LLP. Our attorneys have a combined experience of over four decades, so they can help you no matter your situation. We can help you with every facet of your case, from gathering the evidence that proves the fault of the property owner to calculate your expenses to negotiating with the insurance company. If a lawsuit becomes necessary, then we will represent you in a court of law too. So be sure to get in touch with us if you suffered a slip and fall in Long Island and want the best chance of getting the compensation that you need.
The Elements of a Slip and Fall Case
Since a slip and fall case is also a personal injury case, it needs to have the following elements if it is to be considered valid:
- The defendant (the party that caused the accident) owed the plaintiff (the victim of the accident) a duty of care. A duty of care means that they were obligated to behave in the way a reasonable person would in a similar situation.
- The defendant violated their duty of care. This is also known as negligence, and an example is if a spill occurred in a store, but the owner failed to clean it up in time or provide customers with an adequate warning about it.
- The negligence caused an accident. In this case, it would be if a customer slipped and fell on the spill.
- The accident led to losses. That means the accident caused injuries to the victim that affected them physically, emotionally, or financially. Those losses could include medical bills, repair bills for damaged property, lost wages if the victim is unable to work, and pain and suffering.
In addition to all of the above elements, there is another factor in slip and fall cases, and it is that the victim had to be on the property legally. If the victim was a trespasser, then the property owner does not have to compensate them since they should not have been on the property in the first place. The exception is the attractive nuisance doctrine; it states that if a child is the victim of a dangerous condition that was caused by something that would be attractive to them, like an uncovered pool, then the property owner is still liable.
Common Injuries From Slip and Fall Accidents
Some of the more common injuries from slip and fall accidents include the following:
- Broken Bones
- Head Injuries
- Back Injuries
- Spinal Injuries
- Neck Injuries
All of these injuries could cause long-term damage that leaves the victim debilitated for a while.
Common Causes of Slip and Fall Accidents
There are many different reasons why a slip and fall accident could happen, and the following are among some of the most common reasons:
- Spilled liquid that makes the floor slippery
- Poor lighting
- Slippery floors
- Uneven ground
- Repair or renovation work
- A leaking roof
Why You Need a Long Island Slip and Fall Lawyer
An attorney is helpful because they can help to prove that the property owner was at fault. This is important because the insurance company of the property owner will try to prove that you were completely or partially at fault for the accident. Since New York is a comparative negligence state, that means if the insurance company can prove that the victim was partially at fault for the accident, then they will only have to pay a percentage of the victim’s proposed compensation.
A personal injury lawyer can help to maximize the compensation their client can get regardless of whether they were partially at fault for the accident or not. Your attorney can make an argument that proves that the defendant was mostly or completely at fault for the accident. They can help to prove that the property owner should have known about the dangerous condition on their premises and should have either fixed it or provided adequate warning about it.
Your personal injury lawyer can also make sure that you file your claim on time before the statute of limitations runs out. In New York, the statute of limitations for slip and fall and all other personal injury cases is three years from the time of the accident, so any slip and fall victims should contact an attorney as soon as they can.
Contact Us If You Need a Long Island Slip and Fall Attorney
At Isaacson, Schiowitz & Korson LLP, we know that a slip and fall accident can have devastating consequences that can leave the victim physically, emotionally, and financially shattered. That is why we are dedicated to helping the victims of slip and fall accidents put their lives back together again by helping them to get the compensation that they need.
We will help them to prove that their slip and fall accident was mostly or completely caused by the negligence of the property owner so that we can get them as much compensation as possible. We will do everything that we can for our clients to help them put their lives back together after they have experienced a slip and fall. So if you suffered a slip and fall accident in Long Island that was caused by the negligence of the property owner, then get in touch with us as soon as you can.