A slip and fall can occur in a supermarket, apartment building, parking lot, office or any other property where people walk regularly. Unexpected falls can be caused by wet floors, uneven surfaces, damaged steps, poor lighting and injury attorney weather-related hazards. Some incidents may result in minor discomfort but others may cause fractures, head injuries, spinal problems and difficulties with everyday movement.
An injury lawyer can help an injured person determine if unsafe property conditions can support a premises liability claim. A fall alone, however, does not automatically make a property owner legally responsible. The circumstances, the nature of the hazard, notice of the dangerous condition and the available evidence are all relevant. Siben & Siben LLP represents injured people throughout Long Island in slip and fall matters.
Premises Liability Explained
Property liability is an injury caused by an unsafe condition on a property. Responsibility may depend on the circumstances and may lie with an owner, landlord, business operator, property manager or other entity responsible for the maintenance of the premises. New York law generally requires relevant parties to exercise reasonable care, but the duty and potential liability are fact-specific, depending on the property, the circumstances of the visitor and the facts of the incident.
Identify the Hazard That Caused the Fall
When assessing a fall, the first thing to do is determine what caused it. A slippery entrance, a loose floor covering, a broken stair, or a poorly maintained walk can give rise to different factual questions. Quickly taken photographs can aid in preserving the condition as it appeared post-incident. Witness accounts and incident reports may provide additional context regarding the location, visibility and circumstances of the fall.
Determining if the Responsible Party had Notice
A property owner is not always responsible when a visitor falls. Depending on the circumstances and the applicable law, the evidence may have to show that the responsible party created the hazard or had actual or constructive knowledge of it. Maintenance records, inspection practices, complaints, and how long a condition existed could be relevant. Every case has to be judged on its own merits.
Creating a Clear Record of the Injury
Medical treatment and documentation are key after a fall. Some injuries require immediate attention, while some symptoms may not be evident until hours or days after the incident. Medical records can help to explain the nature of the injury, recommended treatment, and effect on mobility or employment. Professional advice also helps with recovery and provides a clearer record of the medical issues related to the event.
Understanding Potential Compensation
Depending on the facts and law involved, a successful premises liability claim may include compensation for eligible medical expenses, lost income, and pain and suffering. The damages and the amount of damages depend on the evidence and the legal standards that apply to the case. The evaluation can also be influenced by insurance coverage, shared responsibility and long-term effects of an injury.
Importance of Timing and Documentation
Property conditions may be corrected or cleaned up shortly after a fall. Surveillance tapes can be erased, and witnesses can be harder to find. Recording the date, time, location, and circumstances can help keep details fresh. “The injured should not endanger themselves to collect evidence and medical needs should always be more important than documentation.
Summary
Slip and fall cases don’t just involve an injury on someone else’s property. To establish responsibility, you may need proof concerning the hazard, upkeep of the property, notice, and the link between the condition and the injury. Proper documentation and medical records may help clarify these issues.
Residents of Long Island who have suffered a fall can call Siben & Siben LLP for legal assistance in personal injury cases, including cases involving unsafe property. A case review may help to identify the relevant questions, point out potentially useful evidence and clarify the next steps under New York law.
