Slip and fall accidents can be life-altering, leaving victims with severe injuries and unanswered questions. If you or a loved one has been injured in a slip, trip, or fall accident, it's worthwhile to learn your legal rights. This blog answers some of the most commonly asked questions about slip and fall cases.
How to Determine Liability in Slip & Fall Cases
Liability in slip, trip, and fall cases hinges on proving negligence, which is a failure to act with the same level of care that a reasonable person would have exercised under similar circumstances. In other words, if a property owner or manager should have known about and addressed the hazardous condition that caused your accident, they may be held liable for your injuries.
Examples of potentially negligent actions in slip and fall cases include:
- Failing to repair broken stairs
- Not providing adequate lighting in stairways or walkways
- Neglecting to put up warning signs for wet or icy conditions
- Failing to clear walkways of tripping hazards
- Failing to notify visitors of hazardous conditions
Establishing liability in slip-and-fall cases typically necessitates demonstrating several key points. Firstly, it must be proved that the property owner or their employees were directly responsible for managing the dangerous condition, such as a spill or hazardous surface, which led to the accident. Secondly, it must be shown that the property owner or their employees were aware of the dangerous circumstance but failed to take appropriate action to rectify it.
Determining liability in slip-and-fall accidents can be tricky, and you are strongly encouraged to consult with our personal injury attorney regarding your specific case.
Who Is Usually Found Liable in a Slip, Trip, or Fall Case?
In slip, trip, or fall cases, a variety of parties may bear some legal liability depending on the circumstances of the case. The degree to which the involved parties can be held liable varies significantly depending on the specifics of the case and the local jurisdiction's laws.
Potentially liable parties in slip, trip, and fall cases may include:
- Property Owners: Both residential and commercial property owners are responsible for ensuring their premises are safe for visitors.
- Renters or Tenants: Renters or tenants might be held liable if the accident occurred in an area under their control.
- Employers: If the slip and fall accident happened at someone's workplace, the employer could be held responsible.
- Government Entities: In some instances, government entities can be held liable for accidents occurring on their property.
- Construction Companies: The company could be held accountable if a slip and fall accident occurs in a construction area.
What to Do If You Are Injured in a Slip, Trip, or Fall Accident?
Taking prompt action following a slip, trip, or fall accident is essential to safeguard your well-being and secure your legal rights. It is highly advisable to consult with an attorney in cases where you believe someone else's negligence may have contributed to your injuries. A seasoned personal injury lawyer can help you better understand your legal rights and potentially help you seek compensation for your injuries.
If you are injured in a slip, trip, or fall accident, consider taking the following steps:
- Seek Medical Assistance: Regardless of the severity of your injuries, immediate medical evaluation is crucial. Some injuries may not manifest immediately but can lead to long-term health issues.
- Document the Scene: Capture photographs of the accident scene, focusing on any potential risks or hazardous conditions that could have caused your slip or fall. These images could serve as vital evidence in your case.
- Collect Witness Statements: If there were witnesses to the incident, get their contact details and ask them to provide a comprehensive account of what they observed. Their testimony can be pivotal in supporting your case.
- Report the Incident: Inform the property owner or the manager about the incident and ensure it is officially documented. Depending on the circumstances, you might also need to file an incident report with the relevant local authorities.
The aftermath of a slip, trip, or fall accident can be overwhelming, but taking these steps can significantly strengthen your case and protect your rights.
Review our blog to learn about the statute of limitations on personal injury cases in New York.
Turn to Foley Griffin for Guidance Today
At Foley Griffin, we pride ourselves on our unwavering dedication to our clients, our proven track record of success, and our utmost professionalism. Our seasoned personal injury team works tirelessly to advocate for those affected by slip, trip, and fall accidents. With extensive experience and a comprehensive understanding of New York State personal injury laws, we are ready to help you navigate these complex cases with confidence.
To discuss your case, contact us online or call us at (888) 966-8480.