Slip and fall accidents happen when you least expect them. And while all falls can cause serious injuries, some are matters of negligence. This is when the assistance of a slip and fall lawyer can be critical.
A slip and fall accident is one that is protected under premises liability law in New York. If you are lawfully on someone else’s property and you are injured in an accident caused by the owner’s negligence, premises liability law says that party may be liable for your injuries and you may receive compensation. Although they are commonly called “slip and fall” accidents, any injury caused by an unsafe condition may be covered under this law.
Slip and Fall Accident Attorney Samantha Kucher Explains the Burden of Proof in a Slip and Fall Accident
One of the complexities of any slip and fall accident claim is called the burden of proof. In order to collect compensation from a slip and fall accident, the victim must prove that negligence was involved. This requires that certain elements are proven.
- That you were on the property lawfully.
- That the owner or management of the property knew about the unsafe condition or reasonably should have known about it and failed to repair it or warn others of the condition.
- That the unsafe condition was the thing that caused your accident.
- That you have damages resulting from that accident.
Although this information may seem simple and straightforward, proving negligence can be complicated, especially in matters of premises liability. Insurance companies are often reluctant to pay these claims if there is any question about negligence and can make it difficult for an injured party to get fairly compensated for their costs and damages. This is why you need to seek the advice of an experienced lawyer for a slip and fall.
Did the Owner Know the Risk of a Slip and Fall Accident on Their Property?
In many cases in slip and fall claims, it is difficult to establish if the property owner was aware of the hazard, would have reasonably known about it, or had ample time to correct it. For instance, in accidents involving a spill or icy walkway or sidewalk, establishing negligence can be difficult. This is why having the skill of a personal injury attorney who is experienced in slip and fall accidents can be essential to your claim.
How a New York Slip and Fall Lawyer Can Help a Victim of a Slip and Fall Accident
A legal professional understands that there are many aspects to negligence when it comes to slip and fall claims and lawsuits. Did the owner have a properly trained maintenance staff to keep the property safe? How long had the slip or fall hazard existed? Did the owner or management have ample time to fix it or at least put up a warning sign or rope it off? Were you injured on government or municipal property that will be subject to different timelines and claim requirements?
Not only must you establish negligence conclusively, but you must also have a firm understanding and proof of your damages. In a slip and fall claim, you may be entitled to compensation for your medical costs and lost wages, but you may also be entitled to compensation for potential future costs as they apply to your injuries. Getting a lawyer for a slip or fall accident will help the victim understand the laws as they apply to slip and fall accidents thoroughly. An experienced personal injury lawyer may also be able to advise you of what your legal damages are to ensure that you are fairly compensated.
Get the Advice of New York Slip and Fall Attorneys Before You Settle on Your Own
Before you try to settle a slip and fall claim on your own, get the advice of an attorney for a slip and fall. At Kucher Law, slip and fall attorney Samantha Kucher and our team of slip and fall attorneys offer a free consultation and never charge legal fees unless we recover compensation on your behalf. Contact us to schedule an appointment to understand your legal rights after a slip and fall accident.