December 19, 2023
Summary:
- Slip-and-fall accidents at a friend’s house may lead to considerable financial and emotional costs, in addition to long-term health consequences.
- Whether your friend rents or owns their home can impact how you file your premises liability claim.
- To recover compensation after a slip-and-fall at a friend’s house, you need to prove that your friend or their landlord was negligent.
- Protect your claim by seeking immediate medical attention and creating a record of the conditions that led to your injuries.
- If your friend is at fault for the slip-and-fall accident in their home, your damages are potentially covered under their homeowners insurance.
Slip-and-fall accidents can create significant medical expenses for the injured party and interfere with their ability to earn income. When a slip-and-fall accident happens at a friend’s house, you may be unsure how to approach the situation and what options you have to obtain compensation for the costs of your injuries.
If you were injured in a slip-and-fall at a friend’s house or apartment, you may have grounds to file a premises liability claim to recover compensation for your damages. Cellino Law is the go-to legal team for injured New Yorkers who want results. Schedule a free consultation with us by calling (888) 888-8888 or completing our online contact form.
Understanding Eligibility for a Premises Liability Claim After a Slip and Fall at a Friend’s House
Slip-and-fall accidents at private residences have gotten a reputation for fraudulence in recent years, with the implication being that individuals intentionally fall in someone else’s driveway so that they can file a personal injury claim and receive a settlement. However, there are legitimate cases of slip-and-fall accidents in or around homes and apartments.
If you are considering pursuing compensation for your medical bills, lost wages, and pain related to your slip-and-fall injuries, it can be helpful to grasp what conditions your premises liability case needs to fulfill to qualify. First, as the plaintiff, you are responsible for meeting the burden of proof when accusing the other party of negligence.
You must be able to offer sufficient evidence that the property owner failed to make a reasonable effort to prevent and repair foreseeable hazards that caused the trip or slip-and-fall accident where you were injured. To recover compensation, you must also show that you suffered damages related to your slip-and-fall injuries.
What to Do After a Slip and Fall at a Friend’s House or Apartment
After a slip-and-fall accident at a friend’s house, get medical attention as soon as possible, especially if you hit your head or sustained a wound that won’t stop bleeding. This establishes a record of how severe your injuries were and identifies the slip-and-fall accident as the source of your trauma. Delaying treatment gives the insurance company an excuse to diminish your claim.
Take pictures and videos of the location where you were injured. It is vital to capture the conditions that caused the slip-and-fall accident as they were because the evidence is so easily destroyed. The next step is to discuss your case with a personal injury attorney to determine how to recover compensation in a premises liability claim.
You may be hesitant to pursue legal action after a slip-and-fall at a friend’s house, but rest assured that your claim is filed against their insurance company or their landlord’s insurance carrier, not them personally. Insurance exists precisely for situations like a slip-and-fall at a friend’s house, where someone’s carelessness resulted in an accident injury.
Homeowners Insurance May Cover Your Damages If You Can Prove Negligence
If your friend owns the property, you need to prove that they were responsible for the issue that led to your slip-and-fall accident. Remember, premises liability claims are civil cases, so you are only trying to demonstrate their carelessness in order to qualify for compensation under their homeowner’s insurance. To show that a homeowner was negligent, you must offer evidence that:
- They were aware the problem existed but did not fix it
- The issue that caused the slip-and-fall accident has existed long enough for them to notice it and address it
Keep in mind that you may share liability if you were behaving carelessly at the time of your slip-and-fall accident or if you should have been able to identify and evade the danger. For instance, if you slipped on a broken stair while drinking at your friend’s house and sustained an injury, you may both be considered negligent.
Your Friend’s Landlord May Be Liable For Your Slip and Fall
If your slip-and-fall accident happened at an apartment building, chances are that someone else owns and maintains the property. The requirements for establishing a landlord’s negligence are a bit more specific. To file a premises liability claim against a landlord for a slip-and-fall accident, you will need to present compelling evidence that:
- The landlord knew about the hazard
- They were capable of fixing the problem and had access to the issue
- The condition would lead to an injury if it went unaddressed
- The landlord did not fulfill their obligation to take reasonable action to prevent the slip-and-fall
For example, say that you tripped over a pothole in the parking lot of your friend’s apartment complex and broke your arm. The pothole has been there for months, but the landlord didn’t fix it despite complaints from residents. You would likely be able to file a premises liability claim against the landlord’s insurance policy based on their failure to address a clear safety threat in a timely manner.
Contact Cellino Law About Your New York Slip and Fall Accident Lawsuit Today
The personal injury attorneys of Cellino Law are an established authority on slip-and-fall cases, as evidenced by our track record of settlements for injured New Yorkers. We attribute our success to a solid work ethic, over 65 years of experience, and carefully honed negotiating skills. As you can see from our client testimonials, we value your trust and consistently strive to exceed expectations.
Our team of premises liability attorneys will gladly review your legal options with you and help you choose the most suitable path to compensation. Take advantage of a free consultation by calling us at (888) 888-8888 or completing our online contact form to schedule an appointment.
Frequently Asked Questions
What does it cost to hire a slip and fall accident lawyer?
Don’t let the cost of hiring a personal injury lawyer deter you from seeking legal representation for your premises liability claim. You aren’t obligated to pay any fees until your case is settled. At that point, your slip-and-fall accident lawyer will recover a third of the settlement as their contingency fee. You aren’t responsible for any costs if your personal injury attorney doesn’t settle your claim.
Will my premises liability claim go to trial?
With very rare exceptions, personal injury claims are settled in negotiations. Estimates show that only about 5% of personal injury claims reach the trial stage. Trials can be lengthy and expensive for both parties, so plaintiffs and defendants are often motivated to find a compromise.
How long will it take to settle my premises liability claim after a slip and fall at a friend’s house?
Most likely, your premises liability claim will be settled in 6 to 18 months. Your personal injury attorney needs time to investigate, build a case, and document your damages. After that, they will negotiate with the defendant’s representatives to reach a fair settlement.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.