Slip and fall accidents describe such an accident where a person slips or trips and falls, resulting in an injury. In most cases, such accidents could have been prevented and may be due to the negligence of either the property owner, a construction company or an employer. In certain cases, slip and fall accidents may result from the inadequate maintenance and cleaning of areas which pose a potential risk such as walkways, sidewalks, lobbies in commercial building, staircases and more. If you have been involved in a slip and fall accident, it makes more sense for you to seek proper representation from a New York City Personal Injury Lawyer who is able to seek proper compensation in a personal injury claim.
When you or a loved one has been involved in such an accident as this, there are some things you should be aware of. These include:
– The obligation of the property owner
– What you must prove to secure compensation in a slip and fall injury case
– Statute of limitation (time restrictions)
– Avoidance of a recorded statement
The Obligation Of A Property Owner
When you have been involved in such an accident as this, you may be entitled to file a personal injury claim seeking compensation for the damages, medical bills, lost wages, as well as pain and suffering endured as a result of the accident. However, you should understand that the property owner is the liable party. This is because property owners are legally expected to keep their properties in the best possible condition to promote safety and health. This means that they are required to carry out repairs, maintenance, and also monitor their properties for any dangerous conditions that can put user’s safety and health in jeopardy. In the event of a dangerous condition which will require time to fix, a property owner is required by law to notify users of the property in order to protect them from the potential dangers.
What You Need To Prove In A Slip And Fall Case
As the victim of slip and fall accident, there is the need for you to be able to prove certain things towards claiming the compensation which you are entitled to. Working with a personal injury lawyer can help with better simplifying this. However, you will be required to prove that that the property owner or employees of the owner had significant knowledge of the safety risk or defective condition on the property but failed to take actions to repair them. You will also be required to prove that the slip and fall accident has resulted in new injuries which were not suffered before or has complicated your health condition. As an extension, you will be required to prove damages in the form of medical bills, lost wages, pain, and suffering, permanent damage or emotional trauma which has been caused as a result of the accident.
In summary, you have to prove that;
– The property owners created or caused a dangerous condition on their property from when you got injured
– The premises owner was informed or had knowledge of the dangerous condition, but has failed to take effective steps to warn unsuspecting people or to fix it.
– The premises owner had known about the compromised condition for a long time but has failed to attend to it.
Statute Of Limitation
A statute of limitation is the time frame set by the law during which the case to be filed remains valid. In the case of personal injury claims, the statute of limitation is activated from the day of the accident or injury. In the state of New York, personal injury victims have up to 3 years from the date of injury to file a personal injury claim or they forfeit the claim.
Avoidance Of Recorded Statement
As opposed to the case of car accidents where you have to issue a recorded statement to the police in order to establish the at-fault party and also to make up a vital part of the evidence collected, after a slip and fall accident, it is recommended that you avoid making any statement about the accident. It is recommended that you first seek out the service of your attorney, familiarizing him or her with the details of the accident.
Be cautious of insurance companies and adjusters who wish to obtain statements from you as they may use such statements against you. Always remember that you have the legal right to decline to give a statement to an insurance company or an adjuster.
For more information about the Workers’ compensation process for slip and fall claims see the infographic below.