Slipping and falling on another person’s property can feel overwhelming and embarrassing. Even though you may be tempted to brush the incident aside, you should be aware of your right to pursue compensation.
Seeking compensation involves proving the property owner’s negligence. A New York slip-and-fall lawyer can help you understand your grounds for a negligence case and gather evidence to prove the property owner’s wrongdoing.
Who Is Liable for a Slip and Fall?
If your slip and fall happened on private property, the property owner may be liable. This is true whether the accident happened at any of the following locations:
- A friend’s house
- A family member’s house
- The grocery store
- A hotel
- A mall
- A corporate office
The property owner may be liable if they knew or should have known about the hazard that caused you to slip and fall yet failed to mitigate it within a reasonable time. A slip-and-fall injury law firm in New York can evaluate the location of your accident to determine whether you may qualify for a claim.
Proving Negligence in a Slip-and-Fall Accident
If you want to pursue a slip-and-fall claim, you’ll need a slip-and-fall lawyer in Queens, NY, to help you prove negligence. Property owners aren’t always responsible for the accidents that happen on their premises. You’ll need to show that your case meets the criteria for a premises liability claim and that the property owner’s negligence contributed to your accident.
Understand the Grounds for a Slip-and-Fall Case
Start by understanding the grounds you will need to meet to have a successful slip-and-fall case. Your case should meet these criteria:
- The property owner owed you a duty of care.
- The property owner breached their duty of care.
- A slip-and-fall accident occurred due to this breach.
- You suffered injuries in the accident.
A personal injury lawyer in New York can explain more about these grounds and help assess the validity of your case.
Determine Whether the Property Owner Owed You a Duty of Care
Property owners owe a duty of care to certain types of people who enter their premises and not others. A New York slip-and-fall lawyer will tell you there are three main types of visitors to a property:
- Invitee: Someone invited to a property for the mutual benefit of both parties. For example, a customer at a grocery store and an individual invited to their friend’s house are both invitees.
- Licensee: Someone permitted to be on a property for their own gain. This may include an individual who enters a gas station just to use the restroom or a salesperson who knocks on a homeowner’s door to sell them something.
- Trespasser: Someone who enters a property without permission.
Property owners owe the highest duty of care to invitees, but they’re also responsible for preventing accidents for licensees. Property owners should generally maintain their premises well enough that no hazardous conditions are present when any visitors are on site.
Meanwhile, property owners usually do not owe a duty of care to trespassers and would not be responsible for their slip-and-fall injuries. These injuries are unfortunately common; as many as 663 trespass injuries occurred on railroad property alone in the U.S. in 2023.
A New York slip-and-fall lawyer can help you understand the property owner’s duty of care to you at the time of the accident.
Gather Evidence To Support the Property Owner’s Negligence
Under slip-and-fall laws, you must be able to prove the property owner’s negligence in your accident to seek compensation from them. Evidence collection plays a key role in the damages recovery process for slips and falls.
Any of the following evidence can support the property owner’s breach of duty of care:
- Videos of the accident
- Photos of the accident scene showing the hazard that caused you to slip and fall
- Witness testimonies
- Records of past instances of that hazard, such as torn flooring in a supermarket
Your New York slip-and-fall injury law firm can help you collect compelling evidence to support your claim.
Connect Your Injuries Directly to the Accident
Slip-and-fall accidents can produce serious injuries. As many as 865 work-related deaths occurred due to falls, slips, and trips in 2022, according to the Bureau of Labor Statistics. This type of injury accounts for more than one million emergency room visits each year.
You’ll need to provide medical records to directly tie the accident to your injuries and prove that none of your injuries were pre-existing. Written testimony from medical professionals can also go a long way in supporting your claim.
Contact Elliot Ifraimoff & Associates, PC, Today
Are you wondering how to prove negligence in slip-and-fall injury cases in Queens? Do you need help understanding how comparative negligence laws could impact your case? Elliot Ifraimoff & Associates, PC, are your trusted New York slip-and-fall lawyers.
We can help you seek compensation from a negligent property owner and start moving forward from your accident. Call us today at 718-205-1010 for a free consultation.
Frequently Asked Questions
What is the statute of limitations for a slip-and-fall injury case?
The statute of limitations for slip and fall in New York is three years from the date of the accident. You must file a lawsuit by this deadline to maintain the right to seek compensation. If three years have already passed since your accident date, talk to an attorney about your eligibility for an exception to this statute.
How long does a slip-and-fall case take to settle in NYC?
Your slip-and-fall case may take anywhere from six months to three years to settle, but working with an experienced New York slip-and-fall lawyer can help streamline your case. They can gather compelling evidence and keep your case moving through the court system.
What is the average payout for slip and fall in New York?
The average payout for slip and fall cases in New York depends on the specifics of each case, including the severity of the injuries, liability, and other factors. At our firm, most of our cases settle in the 6 figures or higher, ensuring our clients receive the compensation they deserve.