Bronx Slip and Fall Attorney
Slip, trip and fall cases are a specific type of premises liability cases that occur when an individual falls on someone else’s property. If you have been involved in a slip and fall accident, you may be entitled to damages.
Understanding Property Owner Responsibilities
All property owners have a responsibility to make sure that their property is safe for visitors. This includes ensuring that tripping and slipping hazards are not present on the premises. When property owners fail to uphold this responsibility, tripping and/or slipping is likely to occur. In cases where these accidents result in injuries, the victim can typically file a personal injury case against the owner of the property. Common incidents that result in slip and falls include:
- Uneven ground, sidewalks or other walking surfaces.
- Poor lighting.
- Wet walking surfaces.
- Walking surfaces covered with ice or snow.
Winning a Premises Liability Case
If you file a claim against a property owner because of a slip and fall or tripping incident, you must usually satisfy three requirements in order to win the case:
Showing that the defendant owns and/or has control of the property.
The first step in proving a premises liability case involving a slip and fall is to prove that the defendant named in your claim is the owner of the property or had control of the property at the time of the accident.
Defining the entrant’s status and the defendant’s duty of care.
When you enter property that doesn’t belong to you, you are considered a trespasser, licensee or invitee under the law. An invitee is someone who was invited to enter the premises, while a licensee is someone who was permitted to enter the premises but was not specifically invited. A trespasser is someone who entered the premises without permission. The defendant’s duty of care will depend on the entrant’s status. For example, if the entrant was an invitee, the defendant is responsible for maintaining the property’s safety in order to prevent accidents. However, if the entrant was a trespasser, the defendant’s duty of care is much more limited.
Showing that the defendant’s actions didn’t satisfy duty of care requirements under the law.
Once the defendant’s duty of care has been established, you must be able to show that the defendant did not satisfy the law’s requirements. For example, if you visited a retail establishment as an invitee and you slipped on a wet floor with no warning sign present, the owner of the store may have breached his duty of care by failing to post a warning sign and/or remove the hazard in a timely manner.
Filing a Slip, Trip and Fall Case
Like all states, New York requires personal injury cases to be filed within a certain amount of time after the accident occurs. If your claim is not filed by the deadline, you forfeit your right to compensation. For this reason, filing your case before the deadline is essential.
After you file your claim, you may or may not receive a settlement offer from the defendant. If you decide not to accept a settlement offer, or if you don’t receive one, your case will go to trial. If you win the case, you may receive compensation to cover your medical bills, lost wages and any other expenses associated with the injuries you sustained. Depending on the situation, you may also receive punitive damages to compensate you for the pain and suffering you experienced as a result of your fall.
Do You Need an Attorney?
If you have been injured in a slip or trip and fall incident, you are likely to feel overwhelmed and upset. In addition, the laws that pertain to slip and fall cases can be complicated. For this reason, hiring an experienced personal injury to represent you in your case is essential. An experienced attorney will be able to review all of the evidence associated with your incident and help you understand your options under New York law. An attorney who understands New York personal injury law can also help you build a strong case for court so that you have the best possible chance of success. Finally, if you receive a settlement offer at any time during your case, your attorney will assist you in reviewing the offer and making an informed decision.
Contact Law Offices of Ivan M. Diamond
When you are the victim of a slip and fall incident, you deserve to be compensated for your injuries and the associated expenses. Contact Ivan Diamond today to learn more about our services or to schedule a consultation.
The Law Offices of
888 Grand Concourse #1L
Ivan M. Diamond
Bronx, NY 10451
Phone: (718) 588-2000
Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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