Falls can be incredibly dangerous, but they are also quite common. As many as 684,000 fatal falls happen around the world each year, making this the second leading cause of death due to unintentional injury.
If you recently fell and became injured, you might assume that the incident was your fault. But in some cases, another party might be negligent, which could give rise to a legal claim for compensation.
A slip-and-fall accident attorney can assess the details of your accident and explore your options for moving forward. This guide also provides insight into when you might need a slip-and-fall lawyer in New York.
When Is Another Party Negligent for Your Fall?
You might be confused about why you would need a lawyer after falling if you believe the accident was your fault. But if your fall happened on another person’s property, it is worth considering whether you may have a negligence claim, which an attorney could advise you through.
Property owners generally have a legal duty to take reasonable steps to address known hazards before visitors enter their premises. Overlooking hazards could leave a property owner liable for injuries that occur as a result.
Your accident might meet the terms of a premises liability case if:
- The property owner owed you a duty of care: Property owners generally owe a duty of care to those who lawfully enter their properties, including people they invite in and visitors who legally enter for their own gain.
- The property owner breached their duty of care: A property owner breaches their duty of care when they know or reasonably should know about potential hazards on their premises, yet fail to mitigate them.
- An accident occurred due to this breach: This might mean that you tripped and fell on a hazard blocking your way or some other dangerous condition that the property owner should have resolved.
- You suffered injuries in the accident: Finally, you would need to show that the fall led to your injuries or other damages that you are claiming compensation for.
Common examples of hazards that lead to falls in premises liability cases include:
- Wet floors
- Bunched or torn carpeting
- Uneven flooring
- Missing handrails on stairs
- Poor lighting
- Unsecured objects
- Merchandise in aisles
If you can point to the property owner’s negligence in your slip-and-fall accident, you might be able to seek compensation from them.
When To Call a Lawyer After a Fall
When should you call a slip-and-fall accident attorney? If you are considering pursuing a negligence claim against the property owner or simply want to explore your options, scheduling a consultation with an attorney might be helpful. But there are a few instances in which contacting a lawyer might be even more important.
- You experienced severe injuries: As many as one in five falls results in serious injury, according to the CDC. The same data shows that falls are also the leading cause of traumatic brain injury (TBI). If your accident led to serious injuries, an attorney can help you understand your rights and guide you through the claim process while you focus on your recovery.
- You have evidence of the property owner’s negligence: Effective slip-and-fall claims and personal injury lawsuits hinge on evidence. If you can point to evidence of the property owner’s negligence, this might indicate that pursuing legal action may be worth your while. Legal representation can assess the strength of your evidence and help you determine how to proceed.
- The property owner is denying responsibility: Sometimes, property owners admit fault after premises liability accidents and cooperate well throughout insurance claims. But if the property owner in your accident is not cooperating, you might face barriers to seeking compensation. An attorney can communicate with the negligent party on your behalf.
- You are facing difficulties with an insurance claim: Property owners often have liability insurance that can cover accidents on their premises. But insurance claims are not always straightforward. If the insurance company isn’t cooperating or has offered insufficient compensation, an attorney can help you determine how to proceed.
- You are nearing the legal filing deadline: If the three-year statute of limitations is nearing an end, contact an attorney as soon as possible to discuss your options. Missing the deadline could bar you from seeking compensation for injuries.
How Can a Premises Liability Accident Lawyer in New York Assist You?
Contacting a slip-and-fall accident attorney after your accident might be a good idea in a range of scenarios. It also helps to know how a legal professional would be able to assist your case.
Below are a few types of assistance a slip-and-fall lawyer can provide. Their exact role will depend on the circumstances of your accident.
- Help you explore your rights and legal options after an accident
- Provide legal advice and guidance backed by their experience with premises liability law and slip-and-fall cases
- Organize evidence to help you establish the property owner’s negligence
- Assess the potential damages you may be eligible for through a case
- Explain New York slip-and-fall laws and how they apply to your case
- Speak with all parties on your behalf
- Negotiate a settlement with the insurance company or defendant
- Represent you in court if your case proceeds to trial
Learn more about how an attorney can assist you by scheduling an initial consultation. This is an opportunity for the lawyer to hear about your premises liability accident and assess whether you may have grounds for legal action. They can explain how they can aid your case and what your potential outcomes might be.
Speak With a Slip-and-Fall Lawyer From Ross & Hill
Understanding slip-and-fall accidents can be challenging if you do not have much legal experience and are actively recovering from serious injuries. You may struggle to understand whether the property owner may have been negligent in your accident or what your options are.
Ross & Hill represents clients through New York premises liability cases. Our slip-and-fall accident attorneys can meet with you for a 100% free consultation to discuss your case and explain how we can assist you.
Schedule your consultation today by calling 646-351-6222 or filling out our online form.
Frequently Asked Questions
How long after a fall can you make a claim?
If you are planning to file an insurance claim after a fall, the deadline depends on the insurance company. Generally, filing sooner is better, as this could help prevent the loss of evidence. If you are filing a personal injury lawsuit, you have three years from the accident date to file, under New York’s statute of limitations.
When is a property owner not responsible for falls?
A property owner generally is not responsible for falls on their premises when they took appropriate steps to mitigate the hazard, such as placing signage to warn visitors of the dangerous conditions. They may also not be responsible for hazards that did not exist long enough for them to know about, such as a puddle from a carton of milk that a customer only recently spilled.
Do you have to go to court for a slip-and-fall case?
You do not have to go to court for a slip-and-fall case if you can settle with the defendant out of court. This happens in the majority of slip-and-fall cases. If you cannot reach a settlement agreement, you may proceed to trial to have a judge or jury determine how much the defendant owes you, if anything. Your slip-and-fall accident attorney can represent you throughout the legal process.
