The streets of New York during the winter can pose a threat to all those who walk along them. In fact, accidents happen all the time. You could have been walking down a sidewalk or a walkway, both careful and observant of your surroundings, and still have found yourself falling on the hard ground. Not only is the immediate pain difficult to deal with, but you could be facing injuries that can plague you for decades.
Some common injuries that have resulted from slip and fall accident are sprains and fractures, back and spine injuries, shoulder injuries, head injuries, and other injuries that can keep you in a constant state of pain for the rest of your life. To get the compensation you need to pay for your medical bills, financial setbacks due to the accident, and any bills towards your recovery; filing a slip and fall accident lawsuit may be the best course of action you can take.
Slip and Fall Accident Lawsuits
The reason that slip and fall accidents are the most common premise liability lawsuit is because there are numerous factors that can lead to a slip and fall injury. Usually, slip and fall accidents in New York occur when there are liquids or debris on the ground such as oil, ice, water, or any item on the floor that would be slick enough to slip on. By New York law, property owners are supposed to maintain their premises by ensuring that the pathways are clear of debris as well as snow and ice. Of course, if you fell while on the business’ premises, this does not necessarily mean that the building owner or business owner will be obligated to compensate you for your injuries.
The burden of proof rests on the plaintiff, your slip and fall accident lawyer will need to prove beyond a reasonable doubt that the owner in charge knew about the hazard and failed to do anything about it (or if they attempted to clean, failed to ensure that the cleaning was done properly). This can be proven by uncovering evidence such as e-mails or reports that indicate that the owner had known about a previous accident, or the problem itself, and failed to at least put a sign up to warn people not to walk in the hazardous area.
The people that you will mainly be dealing with throughout the lawsuit will be the owner’s insurance company; they will do anything necessary to make sure that you do not receive compensation. After you filed an accident report, the insurance companies may call you in order to understand the nature of the accident. It is best to not speak to them without your slip and fall accident lawyer at your side. Some of the questions they may ask will be about the severity of your injuries (which you should not personally answer, but send them your medical report) as well as try to understand what warning signs you may have ignored before the accident. This part of the lawsuit is crucial to seek the compensation that you need. With the expertise of a slip and fall lawyer in New York, you can have the knowledge and skills you need to get compensated.
Slip and Fall Accident Cases
Injuries suffered on another’s property home, store, office, sidewalk, or commercial building are often the result of negligent maintenance or even complete disregard for the safety of others.
Common premises liability cases include “slip and falls”, “trip and falls”, swimming pool accidents and the like. One should realize that the mere existence of a defective condition in a store or public place of business does not, as a matter of law, render the proprietor liable for an injury caused by the defective condition unless the proprietor knew, or in the exercise of reasonable care ought to have known, of the defect, i.e. the slippery substance that caused the slip and fall.
The length of time a substance must remain on the floor before the owner should have discovered it, for purposes of premises liability, and what constitutes a reasonable inspection procedure vary with each case, depending on the nature of the business, the size of the store, the number of customers, the nature of the dangerous condition, and the store’s location.
New York’s laws on premises liability are complex and ever changing. Therefore, it is imperative that you contact an attorney who has experience and knowledge of the law so that it can be determined whether you have a viable claim.
If you or a loved one has been injured on someone else’s property, contact [link to Contact Us] New York Premises Liability Lawyers Isaacson, Schiowitz & Korson, LLP for a free consultation. If we agree to handle your case, there will be no legal fees unless we are successful in getting you money.