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 for cases such as these. A 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.
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 lead up to the incident can be difficult to properly identify and will make or break a slip and fall case.
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 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 was 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.
Kutcher 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.