SLIP AND FALL
“Slip and Fall” is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else’s property. Inside a building, dangerous conditions such as torn carpeting, poor lighting, abrupt changes in flooring, broken floors, narrow stairs or even an unmarked wet floor can cause you to slip and hurt yourself. Outside a building you may slip and fall because of rain, ice, snow or a hidden hazard such as a gap or hard to see hole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where accident occurs, all property or building owners have a certain level of responsibility to provide a safe environment.
Slip and fall attorneys practice in a area of law know as premises liability. It is negligence law which primarily focuses on the responsibility of the property owner. It is a personal injury lawyer’s responsibility to then bring claims for injuries suffered on the property of another due to careless.
REASONS FOR SLIP AND FALL SUIT
An attorney must prove the following three elements to win:
- The property owner created the hazard.
- The property owner knew or should have known about the hazard.
- The property owner failed to meet their responsibility by either removing or repairing the hazard.
BURDEN OF PROOF
The injured party bringing the cause of action has the burden of proof the establish when the hazard first appeared and that the property owner should have known. It is critical to investigate and find evidence to establish the history of this condition. At that point a personal injury lawyer will preserve this evidence to establish the proof of the case.
EXAMPLES OF CAUSES
If you slip and fall on a grape in a grocery store, absent is the evidence of when the grape first fell onto the floor, it may be difficult that the store knew or should have known about this dangerous condition. If the grape fell onto the floor one minute before you arrived then the store most likely would not have known about it. Since the plaintiffs have the burden of proof, proving when the hazard first appeared and that the store should have known about the hazard presents problems in certain cases.
Structural Defects
Structural damages to a building are often due to age or wear and tear, but can cause a significant injury. Uneven steps, parking lot holes, cracked sidewalks, broken tile or torn carpeting can create dangerous situations for visitors or occupants of a building.
Building Code Violations
A negligence lawyer can prove a case by violation of statute. Building owners must ensure that their buildings structure is in compliance with all applicable building codes. For example, handrails and other similar structures typically must be installed at a certain and general height. If you fall on a stairway that lacked the appropriate handrails and therefore caused your injuries, you may have a valid claim against the building owner for violating building codes.
Weather Accidents
Weather related accidents are difficult cases for injured people. Land owners are generally expected to take reasonable to reduce hazards created by bad weather. This can include shoveling snow, salting or sanding icy and slippery spots and installing anti-slip devices on outdoor steps.
Here at New York Construction Accident Attorneys.com we use our many years of experience in handling slip and fall cases to investigate every possible factor that would cause an accident, and to ensure that you receive full compensation for you or your loved one’s injuries.
If you or one of your loved one’s has been injured by the negligence of a property owner please call or email us at Kleinick@Kleinick.com now to ensure you take the right measures. The initial consultation is free “if we don’t win you don’t pay,” so call immediately.
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