Slip and fall accidents are amongst the top causes of personal injuries in Babylon and can happen at any time on any given day. As per Premise Liability Laws property owners are required to ensure that the environment within their premises is always safe for the public. Property owners who fail to do this and end up endangering the wellbeing of their customers or other individuals can be held responsible for any resulting injuries.
If you’ve sustained injuries on another person’s property due to their negligence, you reserve the right to seek compensation for your damages. As a slip and fall victim, you are advised to hire the services of an attorney for skilled legal counsel and representation. The Babylon slip and fall lawyers at Cellino Law are committed, highly-skilled, and offer personalized legal solutions to those in need.
Need help with your slip and fall claim? Call (800) 555-5555 today and schedule a free, no-obligation meeting with our personal injury attorneys.
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What are Some of the Most Common Causes of Slip and Fall Accidents?
While many things could cause a slip and fall accident, here is a list of the most common ones:
- Wet/slick staircases, floors, or walkways
- Potentially harmful rubble such as uncleared tree limbs
- Unlit/dimly lit walkways or hallways
- Spills that are not cleaned up inside stores, nursing homes, office buildings, hospitals, etc.
- Malfunctioning escalators or broken staircases
- Structural flaws or improper upkeep/maintenance that lead to torn carpeting, broken floor tiles, cracked sidewalks, potholes in streets/parking lots, or uneven steps
- Failing to install storm drains, anti-slip devices, or gutters, creating perilous conditions during adverse weather conditions such as heavy rainfall or snowfall
- A failure to place signs, restrict areas or take the necessary measures when hazardous conditions like any of those mentioned above appear or occur
How Can a Lawyer Help with My Slip and Fall Claim?
One of the main benefits of hiring a slip and fall attorney is that he or she has the exposure and experience required to handle such cases. As a slip and fall victim, you can rest assured your case is in the right hands with an attorney by your side as they’ll do everything in their power to ensure you get well compensated for your injuries.
Considering that most property owners, through their insurance companies, will have a barrage of attorneys fighting to ensure that they pay out the least amount possible, having a slip and fall lawyer representing you is vital. Personal injury attorneys are good at negotiating terms with insurance companies and fight to ensure that their clients are adequately compensated for their damages and injuries.
Another benefit of having an attorney represent your interests is that if push comes to shove, they are not afraid to go to trial. Slip and fall attorneys understand what it takes to file personal injury claims and will use their knowledge of the law to ensure your case is heard. Once you’ve hired the services of a slip and fall attorney in Babylon, NY, you can rest easy knowing you have an experienced team handling everything related to your claim – from collecting evidence to handling the paperwork to negotiating with insurance companies. That means you get more time to focus on recovering from your injuries as they handle the hard part.
What Steps Can One Take to Help Their Slip and Fall Claim?
There are several things that, if you do immediately after the accident, could help strengthen your case as a victim of a slip and fall accident. If you’ve been involved in a slip or trip and fall accident, make sure you:
- Report the incident to a manager or the owner of the property
- Take photos of your injuries and the scene of the accident
- Collect the contact information (name, address, and phone number) of witnesses
- Visit the nearest emergency room or hospital right away and get treatment
- If you can, make sure whatever caused the accident is addressed right away
How are Slip and Fall Accidents Proved?
While some slip and fall accidents seem trivial, there are instances and situations when such accidents cause serious injuries. There are business owners who go as far as hiring a risk management team to handle the matter as quickly as possible, with some even hiding evidence to avoid compensating the aggrieved party. When it comes to slip and fall accidents, two things have to be proved:
The owner of the property knew that the perilous condition existed but failed to repair/address the damage, situation, or condition. As the victim, you have to prove that the defendant, the property owner, had the opportunity to address/fix the problem before you got hurt but failed to do so or that they should have identified the problem and addressed it before it became a hazard but did not.
The plaintiff (victim) wasn’t aware of the impending danger. The attorney has to prove that their client didn’t know the danger or condition existed and didn’t see it in good time because there were no signs to warn people about a perilous situation.
How is Liability Determined in a Babylon, New York, Slip and Fall Case?
The state of New York is one of many states that used the comparative negligence rule, which means that if a property owner argues that you are partly to blame for the accident – and they succeed – you could end up seeing a significant chunk of what the court awards you as compensation taken away.
For instance, the owner of the property could argue that:
- You were in an area of their property where outsiders are not allowed or expected to be
- You were not paying attention (for instance, you were on your phone when the incident happened)
- You were not wearing the right footwear
- The hazardous condition/situation had been cordoned off by signage and cones
- The danger should have been apparent to you
In New York, if your case goes to trial, the state’s pure comparative negligence rule will be used to determine the amount you can recover as compensation if the jury deems that you were, to some extent, negligent. In such a situation, the amount you get will be reduced by how much (percentage) you are at fault.
How Much are Slip and Fall Cases Worth in New York?
The amount you can recover from a slip and fall accident in New York can vary and is determined by several factors. Considering that each case is different, here are some of the things that are considered when determining the worth of a slip and fall claim:
- Medical costs
- Loss of future earning and income capacity
- Permanent or long-term disability
- Non-economic losses such as pain and suffering
- Incidental losses related to your accident
What Are the Time Limits for Filing a Slip and Fall Lawsuit?
According to New York Civil Practice Laws and Rules (Sec. 214), anyone who’s been injured in a slip and fall accident while on another person’s premises must get their suit filed against the owner of the property within three (3) years from the day the accident occurred.
Contact Our Babylon Slip and Fall Lawyers Today
If you have been involved in a slip and fall accident and are seeking retribution for your injuries and damages, then consider reaching out to us at Cellino Law today. Our attorneys are experienced in slip and fall claims and can help you recover the compensation you deserve for your woes. Call (800) 555-5555 now and book a free consultation with our experienced Babylon, New York slip and fall attorneys today.