Falls cause an incredible number of injuries every year, and fall-related injuries send over millions of Americans to emergency rooms annually, according to St. Luke’s Health. Many situations can lead to falling, and injuries from falls can range from mild to life-threatening.
If you suffered injuries because you slipped and fell on someone else’s property, you might have grounds to obtain compensation for those injuries. Slip and fall accident claims must show that the property owner or manager was negligent and that this negligence directly caused your accident and resulting injuries.
On your own, that is a daunting task. However, Cellino Law helps wounded New Yorkers every day. They have the resources and knowledge to prove negligence and will fight to obtain fair compensation for you.
What Can You Do To Help Gather Evidence?
Although surveillance video footage makes excellent evidence, don’t assume that it captured the evidence you need. Use your phone to take multiple photos of the entire accident scene and your injuries. Include witnesses in your photos if possible. If you slipped on a wet floor, for instance, once someone mops the floor the evidence is gone. That’s part of why your actions can help your case.
Record your account of events while it’s fresh in your mind using your phone’s video or audio recording capabilities. If witnesses are willing, record their statements also.
What Determines Negligence?
Slip and fall accidents can produce premises liability claims, and negligence is an integral part of these claims. To prove negligence in a slip and fall injury case, these four things must be true:
- The property owner, manager or business owed you a duty of care.
- That individual or entity breached their duty of care due to negligence.
- You suffered injuries in a slip and fall accident.
- The negligence of others directly caused your accident and injuries.
Property owners, apartment complex managers and businesses owe it to their customers, tenants and guests to provide a safe environment. That’s their duty of care.
Proving negligence in these cases is often difficult. You must show that the party responsible for the property knew or should have known about a dangerous condition, yet did nothing to fix it. At the very least, they should cordon off or place signs around hazardous areas to keep people from having accidents. Proving when the property owner knew about the situation is critical in these cases, and that is almost impossible without a personal injury attorney.
What Is the Storm in Progress Doctrine?
New York sees a lot of snow every year, with storms that can last for days. The storm in progress doctrine addresses the fact that at times, it’s not practical or safe to keep sidewalks and parking lots clear of snow. During a storm, a cleared area is often covered again within minutes.
If your slip and fall injury occurred during a storm, you may not receive compensation. Your slip and fall lawyer can discuss that with you and decide if you do or don’t have a valid claim.
What Are Common Causes of Slip and Fall Accidents?
Many things can cause slips and falls, but these situations lead to many injuries:
- Slippery floors
- Uneven flooring, including mats, cracked tiles and loose carpet
- Cracked, broken or otherwise damaged sidewalks and potholes or uneven pavement in parking lots
- Broken or loose handrails and stairs
- Snow and ice buildup
- Insufficient lighting
- Tangled electrical cords
- Objects left in walkways
If sufficient time passed between when those hazardous conditions first occurred and your accident, you can probably recover damages for your injuries.
What Is Comparative Negligence?
In New York, the percentage of fault assigned to a slip and fall accident victim reduces their damages. For instance, if you slipped on a wet floor inside a store but weren’t watching where you were stepping because you were texting, you’re partially at-fault for your accident.
The comparative negligence rule governs determining fault and how that affects compensation for damages. If total damages amount to $100,000 but you are 20% responsible for your accident, your damages decrease by 20%, or $20,000.
Did You Slip and Fall at Aeropostale?
It’s often easier to understand complicated concepts by looking at examples. A shopping trip to Aeropostale that results in a slip and fall injury can demonstrate the ins and outs of this type of case.
Parking Lot and Sidewalk
You get out of your car and begin walking towards the store. Your ankle twists on broken pavement or because you stepped in a pothole, causing you to fall. If the store manager or property owner knew about the hazardous parking lot situation and had time to fix it, you may receive compensation. If they posted signs and blocked off the affected area, they demonstrated their intention to fix the problem — unless a long time passed since implementing these precautions.
If you made it safely to the sidewalk but slipped and fell on accumulated snow and ice there, different factors come into play when determining negligence. Was there an ongoing storm? Had the snow and ice been present for some time, and were conditions suitable for removal? Was the area marked as hazardous in any way?
Your slip and fall accident attorney can investigate these situations to determine if negligence is present.
Inside the Store
You made it into the store and head towards the T-shirt sale racks when you slip or trip and fall. Did you slip on wet or broken tiles? Maybe you tripped on the corner of a doormat or a carpeted section.
In the case of wet tiles, it’s crucial to know when they got wet. If a toddler just spilled his drink but store employees aren’t aware of the spill, it’s possible that you can’t recover damages. A similar situation exists with the corner of the doormat because employees might not know that it’s not flat.
If broken tiles or torn carpet caused your trip and fall, the chances are that management knew about those situations yet didn’t fix it and did nothing to make customers aware of the hazard.
Proving when and if responsible parties knew about the potentially dangerous conditions is essential, but difficult to do without a slip and fall attorney. Hiring an attorney immediately after your accident can improve the chances of obtaining crucial evidence to prove that negligence caused your slip and fall injury.
Can Employees Make Slip and Fall Claims?
Worker’s compensation insurance should pay for medical bills and lost wages; however, serious injuries often require more than what worker’s comp will cover. One attorney can help you with both your worker’s comp and slip and fall claims to ensure that you obtain the compensation you’re entitled to.
Why Should You Call Cellino Law?
The attorneys at Cellino Law focus on personal injury cases like yours. With several offices located throughout the state, a Cellino firm represented injured New Yorkers statewide for over 60 years. You’ll receive personal attention, and Spanish speakers are welcome.
This experience and accumulated knowledge of how slip and fall cases work allows them to aggressively negotiate a fair settlement for your injuries. If a reasonable settlement isn’t reached, they will competently pursue your case in court.
Because accidents don’t happen only during business hours, someone is available to evaluate your case 24/7. Call (800) 555-5555 or send them an online message. Choosing the right personal injury attorney is crucial, so hire Cellino Law to represent you.