Proving Fault in Slip and Fall Accidents in NYC
Slip and falls are reliably one of the leading causes of injuries in many general industry accidents. Second only to auto accidents, slip and fall incidents account for over 1 million injuries in the United States each year.
Many slips, trips and falls often results in head trauma, back injuries, broken bones and numerous cuts and bruises.
In a report submitted by the Bureau of State Risk Management, it was deemed that ‘slip, trips and falls was among the top five causes of workers compensation claims within the past 5 years.”
“Slip and fall” is the legal term used in personal injury claims when an individual trips and falls and is injured on someone property, this type of claims falls under the broader umbrella of premises liability.
Essentially, if someone slips and falls on a property that is owned or maintained by another, then that owner can be held liable for any injuries sustained by the victim. These accidents can happen in all sorts of places, whether it is public sidewalk or in a private home with a torn carpet or broken stairs; if the slip and fall accident is the fault of the injured individual, for example, they were intoxicated when they fell, then they are responsible for their own injuries due to their irresponsible behavior.
If however, the fault is due to someone else’s negligence, then the owner of the property is legally liable for your injuries.
In order to recover compensatory damages for any slip and fall accident on another person property, there must be a responsible party whose negligence caused the injury. While this is an obvious assumption, many people fail to realize that some injuries are simply accidents, and sometimes due to their own carelessness.
There is no exact science to determine when someone else is legally responsible for your injuries should you slip or fall. In most cases, the injured victim must prove that the cause of the accident was due to a ‘dangerous condition’ caused or was known by the property owner.
In determining these ‘dangerous conditions’ and who is legally liable for your injuries suffered from tripping or falling on another’s property, the following must be proven:
- The owner of the premises or the employee (if commercial property) created the condition.
- The owner of the property or the employee must have known the dangerous condition existed and negligently did nothing to correct it.
- The condition existed for a period of time and the property owner or the employee should have noted and corrected the problem before an accident occurred.
If you have been involved in a slip and fall accident, it is imperative that you put together as much information as possible to support your case, should you decide to pursue a claim.
Remember to gather eyewitness’s account of the incident, take pictures if possible, and file an accident report, if incident occurred at a place of business.
Additionally, you may want to check if there have been similar accidents and for the same reasons previously. Ensure you seek the necessary medical attention and that your injuries are dealt with properly and promptly; and remember to get a copy of your medical report pertaining to your injuries.
Thereafter, you should seek legal counsel on your experience to determine whether you can file a claim for compensatory damages. At the Law Office of Igor Tarasov Esq., our attorneys can assist you in this determination, we have the necessary expertise and experience to assist you with your claim for medical expenses incurred, pain and suffering and where applicable, loss of earnings. We will work with you in a timely and professional manner to ensure maximum settlement is awarded.
Personalized & Experienced Legal Representation in NYC
At the Law Office of Igor Tarasov Esq. we help you to understand your judicial rights and the statute of limitations on your particular time-sensitive case.
We explore all options available to assist you in recouping monetary damages for medical bills, all loss of wages, rehabilitation cost and home care cost.
Remember, accountability helps reduce overall negligence and incidents.
Schedule a free case evaluation today with an experienced New York Personal Injury Attorney at the Law Office of Igor Tarasov Esq. at 800. 123.4567.
Remember there are no fees unless we are successful.