No matter how careful you are, there will probably come a point in time when you fall down. Perhaps you will stumble over your own two feet or you might fall over a tripping hazard like a loose carpet. If you are hurt in the fall, you might be left with medical bills, lost wages, and other losses.
If you fell because of a dangerous condition on someone else’s property, you might be able to file a personal injury claim against them. To win a premises liability case, you will have to show that there was a defective condition on the property and the landowner knew or should have known about it. With the help of a Melville personal injury attorney, you can get maximum compensation for your injuries.
The Odierno Injury and Accident Lawyers represent injury victims throughout Suffolk County. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a member of our legal team, contact our law offices today.
Proving a Slip and Fall Case in New York
Slip and fall cases are a type of personal injury claim known as premises liability. They are typically based on a theory of negligence, or carelessness. For premises liability cases, the proof necessary to win a case is slightly different than other types of personal injury cases (like car accidents).
Generally, you will have to show four elements to win a slip-and-fall case:
- The property owner owed you a duty of care;
- The property owner violated (breached) that duty of care in some way;
- You were injured; and
- Your injury was caused by the property owner’s violation.
The duty of care is a legal standard that is essentially what a landowner should do to make sure that their property is reasonably safe for other people. If there is a dangerous condition on a piece of property and the landowner either knew or should have known about this hazard, it triggers the duty of care.
This duty of care requires property owners to inspect their property to discover hazards and to either fix dangerous conditions or warn visitors about it. The bigger the hazard, the higher the duty of care a landowner will have. Property owners also may owe a higher duty of care to people who come onto their property to do business – known as invitees.
In New York, landowners have a lesser duty of care to trespassers. However, if a property owner knows about trespassers (such as people who regularly cut through their yard as a shortcut), they might have a higher duty of care. Similarly, if they have an “attractive nuisance” on their property – something dangerous that would be attractive to children – they may need to take additional steps to protect people from harm.
So what exactly is a dangerous condition? It could be any number of things, such as:
- Snowy or icy sidewalks
- Broken concrete
- Loose surface material like gravel
- Products spilled on the floor of a store
- Inadequate lighting
- Missing or broken handrails
- Unsecured carpets or rugs
- Cords across walkways
- Defective or damaged stairs
If one or more of these hazards are present and someone slips and falls because of it, they could file a personal injury lawsuit against the property owner or a person or business who occupies the property as a tenant.
Slip and fall lawsuits are very fact-specific. Remember, it isn’t enough that a dangerous condition exists on a property. The property owner must have known about it and failed to either fix it or warn about it to be responsible for any injuries.
For example, consider a situation where a customer at a hardware store drops a bottle of solvent that spills on the floor. Another customer slips and falls on the liquid and suffers a broken bone in the fall. The store’s liability for this accident depends on whether it knew about the spill and had a chance to either clean it up or warn customers about it.
If the second customer fell immediately after the spill occurred, then the store probably wouldn’t be liable. However, if the spill happened an hour ago and the store hadn’t gotten around to mopping it up or putting up warning signs, then it could be held responsible for any injuries that the customer suffered.
It can be hard to know whether you have a claim for a slip and fall case without talking to a Melville personal injury lawyer. During a free consultation, your attorney will listen to your story and offer you legal advice on your options for pursuing a claim. They can also offer you a ballpark estimate of the value of your case so that you can make a more informed decision about how to proceed.
Importantly, if you slip and fall while at work, the legal process will likely be different. For example, if you are involved in a construction accident, you may have to file a workers’ compensation claim with your employer. However, it may still be possible to file a third-party personal injury lawsuit based on a workplace injury. A Melville slip and fall lawyer can help you determine the best way to handle a work-related slip and fall.
Compensation for Melville Slip and Fall Claims
Slip and fall claims are typically covered by insurance. Depending on where the accident happened, this may be a business’ commercial liability policy or an individual’s homeowner’s insurance policy. Importantly, if you are injured at a friend or family member’s house, your claim won’t be against a loved one – but their insurance company.
Slip and fall accidents can cause serious injuries. The point of carrying insurance is to protect yourself and others in the event of an accident. If you are hurt after falling at a loved one’s home, you can and should seek financial compensation for your injuries.
There are three types of compensation that you may be entitled to in a slip and fall: economic, non-economic, and punitive damages. Economic and non-economic damages are considered compensatory damages, as they compensate an accident victim for their losses. Punitive damages may be awarded in more unusual cases involving intentional or reckless conduct as a way to punish a wrongdoer.
Economic damages pay for direct financial losses. They may include things like property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. If you are disabled as a result of a slip and fall, you may also recover money for things like modifying your home to make it accessible as part of your economic damages.
Non-economic damages pay for indirect losses. While you won’t get a bill or an invoice for these damages, they are just as important in a personal injury case. Examples of economic damages include pain and suffering, emotional distress, scarring, disfigurement, and diminished quality of life.
Punitive damages are only awarded in cases that involve something more than negligence – intentional or reckless behavior. For example, if a homeowner is mad about people cutting across his lawn and sets up a “booby trap” to hurt them, they could be liable for punitive damages.
If a person dies as a result of a slip and fall, their surviving family members may file a wrongful death claim on behalf of the estate. Through a wrongful death lawsuit, a Melville personal injury attorney can recover financial compensation for funeral and burial expenses, loss of companionship and support, loss of income, and more.
Insurance companies try to resolve slip and fall claims – even those involving severe injuries – for as little money as possible. The best way to get fair compensation for your losses is by working with a personal injury lawyer with a track record of success. Your slip-and-fall accident attorney will take on the big insurance companies and fight to get you the compensation that you deserve for your injuries.
Hurt in a Fall? Reach Out Today.
A slip-and-fall accident can cause serious injuries, including broken bones, traumatic brain injuries, and neck and back injuries. If you have been hurt in any type of slip and fall, our experienced personal injury lawyers will work hard to hold the responsible party accountable. We handle all personal injury claims on a contingency fee basis, which means that you will never pay a fee unless we recover money for you.
Based in Melville, Odierno Injury and Accident Lawyers handles a wide range of personal injury matters – including slip and fall claims. We are fierce advocates for our clients, working tirelessly to get them a fair settlement for their losses. To learn more or to schedule a free initial consultation with a Melville slip and fall attorney, give our law offices a call at 631-752-8580 or fill out our online contact form.
