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How do you prove negligence in a slip and fall in New York?

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When a slip and fall accident happens to you or a loved one, it may be well within reason to pursue legal action, especially if the victim was significantly injured which in turn resulted in unexpected medical expenses and lost wages. However, accidents of this nature are not one-size-fits-all. The laws surrounding these types of accidents require a thorough examination of the situation. There are very specific ways to prove negligence in cases such as these. A Brooklyn slip and fall lawyer who is experienced and knowledgeable in these laws can provide useful aid in gathering all the necessary pieces of evidence to present a solid case to the court to pursue the maximum feasible compensation for your injuries. To learn more about how we can help you, call Kucher Law Group today at (929) 563-6780 to schedule a consultation.

Slip/Trip and fall accidents in New York need solid evidence to build a strong case

Just like when investigating the scene of an accident, it is important to determine the cause. There are very specific things that need to be proven to justify whether or not an individual or an entity would be liable for a slip and fall. First, it must be proven that the environment where the accident occurred presented an unreasonably dangerous condition and was harmful to the victim. The next thing to consider is whether or not the owner of the property was aware of the potentially harmful environment and whether or not that area was intended to be accessible. If there was a change to the environment where the slip and fall occurred, was there sufficient enough time for the property owner to become aware and take the necessary actions to prevent a fall from happening.

The details of circumstances that led up to the incident can be difficult to properly identify and will make or break a slip-and-fall case. Getting the services of an appropriate lawyer for your case can help you to secure the most favorable outcome possible.

It can be a challenge to gather sufficient enough evidence to file for a slip and fall case within the New York Slip/Trip and Fall Statute of Limitations

The amount of detail that goes into the investigation of a slip and fall incident can be extensive and each case is heavily situational. Because these types of incidents can be very challenging to prove, New York only allows a certain window of time that someone can file an eligible lawsuit for a slip and fall accident. The clock starts on the day of the incident and a claim must be filed within three years per the New York Civil Practice Laws. If a New York City Entity is involved, a notice of claim must be filed within 90 days of the date of the accident.

When you bring your case to an attorney, they can help you find and gather additional information that could be very useful to your case. Supporting documentation such as photos, video surveillance, or interviews from any witnesses can help build a successful claim.

What is the Negligence Rule in NY?

The concept of negligence in New York serves as a foundational legal standard for assigning fault in personal injury disputes. Negligence arises when an individual or entity does not meet the expected level of care a reasonable person would provide in a similar situation, causing harm to another.

In New York, proving negligence involves substantiating four critical components:

  • Duty: The defendant must have had a legal obligation to the plaintiff. For instance, drivers are expected to adhere to road safety laws to prevent endangering others.
  • Breach of Duty: The defendant must have failed to fulfill this obligation, either through action or neglect. An example is a motorist ignoring a red light, thus failing to comply with traffic regulations.
  • Proximate Cause: The defendant’s failure must be directly linked to the plaintiff’s injuries, signifying that the harm would not have happened but for the defendant’s negligence.
  • Damages: The plaintiff must show that they incurred actual harm or loss, such as physical injuries or monetary costs, due to the defendant’s negligence.

The state of New York adheres to a “pure comparative fault” system, according to New York Civil Practice Law and Rules 1411. Under this rule, if both the plaintiff and defendant are found to have contributed to the fault, the court will assign a fault percentage to each. Consequently, the plaintiff’s recovery will be decreased by their own share of fault.

Separately, the state recognizes “gross negligence,” which is an egregious form of negligence characterized by a blatant indifference to the safety of others. Gross negligence can lead to the imposition of punitive damages, which aim to penalize the offending party and prevent similar future misconduct.

Should I Get a Lawyer for a Slip and Fall?

Unforeseen slip and fall accidents can lead to serious injuries, and in cases of negligence, seeking the assistance of a slip-and-fall lawyer becomes crucial.

In Brooklyn, slip and fall accidents fall under premises liability. If you were lawfully present on someone else’s property and sustained injuries due to the owner’s negligence, premises liability holds the party responsible for your injuries and allows you to seek compensation. While these accidents are commonly referred to as “slip and fall,” any injury resulting from an unsafe condition caused by the property owner’s negligence may be eligible for compensation.

A knowledgeable legal professional understands the various elements of negligence involved in slip-and-fall claims and lawsuits. Was the property owner equipped with a properly trained maintenance staff to ensure the safety of the premises? How long had the hazardous condition existed? Did the owner or management have sufficient time to address the issue or at least provide warning signs or barriers? It is important to remember that if you were injured on government or municipal property, different timelines and claim requirements may apply.

Establishing negligence conclusively is crucial, along with providing solid evidence that your injuries were indeed caused by the property owner or manager’s negligence. In a slip and fall claim, you may be entitled to compensation for medical expenses and lost wages, as well as potential future costs related to your injuries. Seeking the guidance of an experienced Brooklyn slip and fall lawyer helps victims gain a comprehensive understanding of the laws pertaining to slip and fall accidents and protects their rights. Additionally, a slip and fall lawyer can also assess any additional damages to ensure fair compensation. Contact Kucher Law Group today to schedule a consultation and discuss your slip and fall case.

What are some possible roadblocks that could stand in the way of a slip/trip and fall lawsuit?

Aside from the Statute of Limitations, the main concern is proving how knowledgeable the property owner is of the cause of the incident and how much of the cause could actually be considered negligence of the victim.

For instance, if the victim were to slip and fall on a flight of steps because they chose not to hold on to the handrail, the property owner has the potential to prove comparative negligence and the victim could be held responsible for a percentage of losses.

Common Mistakes To Avoid When Pursuing A Slip And Fall Case In New York

If you suffer injuries due to a slip and fall accident, there are two possible ways to seek compensation. You may either file an insurance claim or file a lawsuit. By doing so, you may recover damages for various expenses such as medical bills, lost wages, and the physical and emotional distress you have experienced. It’s important to avoid making these mistakes:

  • Departing the scene without obtaining evidence. If you can, it’s a good idea to collect witness contact information and take pictures of the scene before seeking medical treatment. This evidence can be helpful in supporting your slip-and-fall case. Additionally, your personal belongings may serve as evidence as well, such as damaged glasses or stained clothing due to the accident. Collecting this information can be useful for your case, and it’s best to do so as soon as possible.
  • Failing to inform the management. It’s important to inform the management or property owner about the details of the slip-and-fall accident before leaving the scene. However, it’s crucial to avoid adding any personal commentary, as it could be used against you in the future. Sticking to the facts and providing an objective account of what happened is the best way to proceed. By doing so, you can ensure that the responsible parties are made aware of the incident and you’ve fulfilled your obligation to report the event.
  • Declining medical care. It’s crucial to see a doctor after a slip-and-fall accident, even if you feel fine or don’t notice any significant injuries. Some injuries, such as traumatic brain injuries and internal trauma, may not be immediately apparent and can have serious consequences if left untreated. Seeing a doctor right after the accident is the best way to ensure that you receive proper medical attention and treatment, and it can also provide important documentation for your slip-and-fall case.
Slip and fall attorney in Brooklyn
  • Managing the situation independently. After getting injured, many people make the mistake of not seeking advice from an experienced attorney who specializes in slip-and-fall cases. It’s important to have legal representation, whether you’re negotiating for a settlement with insurance or pursuing a lawsuit against the responsible party. A slip-and-fall attorney can provide you with the necessary legal advice and support to achieve a positive outcome in your case. Collaborating with an attorney can safeguard your legal rights and increase the likelihood of obtaining complete and reasonable compensation for your injuries.
  • Giving an insurance company a recorded statement. When communicating with your insurance provider, it’s advisable to stick to providing only essential information about the time and location of the accident. You should avoid giving a recorded statement. Although insurance can help you recover compensation after an injury, insurance adjusters are trained to look for ways to minimize or deny your claim. It’s essential to exercise prudence when giving information to your insurance company. By exercising caution and limiting the information you disclose, you can safeguard your legal rights and improve the likelihood of receiving a reasonable settlement for your injuries.
  • Waiting to file a lawsuit. In New York, there is a specific timeframe within which you must file a lawsuit to recover damages for a slip-and-fall accident. This timeframe is called the statute of limitations, and it’s important to be aware of it to avoid losing your right to compensation. It’s a good idea to discuss the statute of limitations with your slip-and-fall lawyer, as it may affect your ability to negotiate with insurance and pursue legal action. You can increase your likelihood of obtaining fair compensation by understanding the strict timeline involved and collaborating with a knowledgeable lawyer.
Common Mistakes To Avoid When Pursuing A Slip And Fall Case In New York Consequence
Departing the scene without evidence Lack of supporting evidence for the slip-and-fall case
Failing to inform the management Potential difficulty in proving the incident occurred
Declining medical care Undetected injuries and compromised medical documentation
Managing the situation independently Reduced chances of securing fair compensation
Giving an insurance company a recorded statement Risk of minimizing or denying your claim
Waiting to file a lawsuit Potential loss of the right to compensation

Kucher Law has a team of highly qualified lawyers that are extremely knowledgeable when it comes to New York City-based slip/trip and fall cases.

No one wants to be involved in a slip/trip and fall case, but if you or someone you know has been involved in this kind of accident, it is beneficial to seek the guidance of a skilled attorney. It is imperative that proper care and representation for the victim of a slip/trip and fall case is established especially if the cause of the incident was due to negligence and could have been avoided.

At Kucher Law Group, we provide personalized legal assistance to our clients. We advocate for our clients’ rights on the negotiation table and in court. Contact us today at  (929) 563-6780 to schedule a consultation with one of our skilled Brooklyn slip and fall attorneys.

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