When you are walking on the sidewalk in Annadale with your children, shopping at Staten Island Mall with your friends, or on a romantic dinner date at the West Shore Inn Steakhouse, you assume that you are safe. However, an experienced Staten Island slip and fall lawyer knows that sometimes when you least expect it, a dangerous condition can cause you to fall and become seriously injured. If this has happened to you, contact us at Friedman, Levy, Goldfarb & Green, P. C., for a free consultation.
What is the Property Owner’s Responsibility?
A slip and fall lawyer in Staten Island will explain that the owner of any property owner owes you a duty of care to keep their premises safe. The owner must make a reasonable effort to remove, block off, or advise you of any dangerous conditions that they know about or reasonably should have known. If they fail to do this and you are injured, you may have grounds to file a claim with a slip and fall attorney in Staten Island.
What Causes These Accidents?
Slip and fall accidents occur not only in winter but also in the warmer months. Here are some common causes:
- Slippery surfaces, such as an icy or snowy parking lot in Richmond or a spill in the food court at the mall.
- Objects, such as loose wiring, protruding onto a walkway which cause you to trip and fall.
- Uneven or crumbling flooring, sidewalks, or steps.
- Poor lighting, such as in a parking lot at night, which renders you unable to avoid tripping and falling on debris on the ground.
- Debris or other objects, such as a loose brick, on the ground.
- Unattended spills in restaurants and shopping centers
This is How You Prevail in a Trip and Fall Claim
An experienced Staten Island slip and fall attorney will tell you that most of these claims involve whether or not the owner was negligent.
To prevail at trial or secure a fair settlement, you will need to be able to prove by a preponderance of the evidence– which means it is more likely than not– that the following elements of negligence have been met:
- The property owner owed you a duty of care. For example, if you are shopping for groceries at Wegmans, you are owed a duty of care.
- This duty of care was breached. There was a spill in the dairy aisle at Wegmans that occurred 30 seconds before you slipped and fell. It would not have been reasonable to expect the owner to remove, block off, or advise you of the slippery floor. However, if a carton of eggs spilled onto the floor three hours ago, which caused you to slip and fall, then this duty of care would have been breached.
- This breach is what caused your accident. If you clumsily tripped over your shoelaces without ever walking through the spill in the dairy aisle, the owner would not be liable for that. On the other hand, if you walked through the spill and slipped and fell as a result, then the owner would likely be responsible.
- You must have been injured as a result of this accident. Even if the owner breached their duty of care, there still needs to have been some injury for you to prevail in your claim. Perhaps you broke your arm, hit your head, or severely injured your back when you fell.
Slip and Fall Accidents Can Cause Life-Changing Injuries
Unfortunately, some slip and fall victims are seriously injured. Some of the injuries commonly associated with these accidents include:
- Bone fractures or breaks
- Lacerations and cuts
- Damage to ligaments
- Spine, neck, and back injuries
- Head injuries such as Traumatic Brain Injury (TBI)
- Internal injuries
- Paralysis
- Wrongful death
The Right Lawyer Can Make All the Difference
Slip and fall accident claims are often complex, as the property owner will do everything possible to minimize– or even deny– your financial compensation. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we suggest that you consult with an experienced Staten Island personal injury lawyer as soon as possible. You can gain an understanding of your legal rights, approaching deadlines, and the approximate financial value of your claim.
Contact Us for a Free Consultation
For over half a century, we have been fighting for justice on behalf of injured New Yorkers. One client of ours seriously injured his back after tripping and falling on a decrepit steel plate on a city sidewalk in Brooklyn. Fortunately, we were able to secure a $2.1 million jury verdict on his behalf.
If you have been injured in a slip and fall accident, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. 24 hours a day to schedule a zero-cost consultation with a premises liability lawyer. We will not charge you any legal fees– unless you win your case.