Ask any knowledgeable attorney, and they will tell you that the average slip and fall case is challenging to win. Securing compensation from a negligent property owner or manager is no simple task because plaintiffs and their counsel must gather evidence that proves the defendant’s actions led to their injuries and economic losses.
The challenges of marshalling indisputable evidence underscore the importance of getting experienced legal representation for these types of matters. The best way to optimize your chances of success are by retaining a knowledgeable New York slip and fall attorney who understands state-specific legislation and common defense arguments in these cases.
Proving Negligence in a Slip and Fall Claim
In order to recover monetary compensation after a slip and fall accident, your attorney must prove several elements.
The first element is that the property owner or operator where you slipped and got injured acted negligently. In other words, their actions or inaction caused your accident to occur. For example, if a customer dropped a beverage on the floor, and the manager let the spill remain for several hours without cleaning it or warning patrons, this can constitute negligence. Slip and fall cases are hard to establish because it must be shown that the defendant either knew or should have known about a potential hazard but took no action to protect the safety of visitors.
Your lawyer must prove that the defendant breached their duty of care, and that their negligence caused your injuries and subsequent financial damages.
How the Right Attorney Can Help
A capable lawyer will gather compelling evidence that proves the property owner or manager’s negligence caused your accident and injuries.
They will obtain any available surveillance footage that shows the unsafe condition, or how the accident occurred. Your legal counsel will review previous property inspection records and maintenance logbooks, interview witnesses who can corroborate your side of the story, and enlist expert testimony when needed.
Furthermore, they will protect your rights by complying with New York’s statute of limitations for filing a personal injury claim. This law gives claimants three years to file suit following a slip and fall injury, though exceptions do exist. Slip and fall accidents that take place on publicly owned property, such as municipal sidewalks, have a much shorter time frame and specific rules for taking legal action. Ninety days for the Notice of Claim and on year additional to file suit.
Defendants will often claim that your own distraction or carelessness was responsible for your slip and fall. They may argue that your footwear was inappropriate, or that the dangerous condition was open and obvious to the average person. A skilled attorney will anticipate these defense tactics and build the strongest case for damages, even if you are partially at fault for the accident.
Your legal counsel will review all medical expenses, lost income, diminished earnings, pain & suffering and loss of quality of life when determining how much a slip and fall case is worth. Insurance settlements or damage awards for those who suffered permanent disabilities from their accident tend to be much higher.
Work With An Experienced Legal Team
New York slip and fall claims may be hard to win, but with a qualified attorney in your corner, you will be better positioned to recover the compensation you deserve. Friedman, Levy, Goldfarb, Green & Bagley, P.C. has procured millions of dollars for our clients, and is dedicated to seeking the best outcome for each case we handle.
Contact our law firm to schedule a free consultation today.