You’ve seen the headlines. Burger King. Walmart. Kroger. Each of these institutions, and thousands upon thousands of smaller businesses, have had to pay out massive amounts of money to customers who have slipped and fallen in their establishments.
But people slip, trip, and fall all the time, right? You’ve probably slipped or tripped a few times in your own life without getting paid for it.
So, how do these lawsuits really work?
What is a slip-and-fall lawsuit?
“Slip-and-fall” is really just a slang term. In truth, every slip and fall lawsuit is really a premises liability lawsuit.
Under the law, a property owner has a “duty of care” to maintain their property, eliminating unsafe conditions within a reasonable amount of time after finding out about them. They should post warning signs as soon as they are aware of the defect.
If they are negligent in doing so, and you were lawfully on the property, then you can require compensation for your injuries and losses.
Examples include:
- A store owner knows that the safety railing is loose on their stairwell but refuses to pay the money it takes to repair the defect.
- Employees fail to post warning signs around a wet, slippery floor.
- A business fails to address ice in their parking lot or in their sidewalks.
- A business fails to correct potholes or uneven pavement that serves as a trip hazard.
- A business fails to correct loose or torn carpeting.
We call them “slip-and-fall” cases because slipping and falling is the most common cause of injury.
Proving Liability in Slip and Fall Cases: The Importance of Evidence
Proving liability in these cases isn’t as straightforward as proving the accident happened. Property owners often try to claim they didn’t know about the defect or had insufficient time to correct it.
When they can’t do that, they’ll try to claim you knew about the risks and engaged in the behavior that led to the fall anyway, thus minimizing the amount they’ll have to pay by exploiting New York’s comparative negligence laws.
As your New York personal injury lawyers, we work hard to secure the evidence that helps you make your case. This will help counteract the dirty tricks that corporations, property owners, and their insurance companies play.
Maximizing Compensation for Slip and Fall Injuries in New York City
The best way to maximize compensation is to take five steps.
- Watch what you say at the scene of the accident. Don’t apologize, don’t say you’re fine, and stick to the facts.
- Report the accident to the highest-ranking employee on duty.
- Take many pictures of the scene of the accident.
- Get medical attention immediately.
- Contact a New York personal injury lawyer as soon as possible.
While you have a three-year statute of limitations to work with, getting a lawyer involved quickly helps ensure that evidence doesn’t disappear.
Get Help Today
If someone else’s negligence has injured you, don’t wait.
Contact our team to schedule a free consultation today.
See also:
Steps to Take After a Personal Injury Accident in New York City
The Importance of Documenting Your New York Personal Injury Claim