When you are on the premises of another person or entity, whether it’s a private home, retail store, apartment complex or parking garage, you have the right to expect that you will be reasonably safe. Unfortunately, that isn’t always the case. If you’re hurt in a slip and fall accident on someone else’s property, you may be eligible for compensation for your medical bills, out-of-pocket expenses and other losses. But proving your claim will take a skilled and knowledgeable lawyer.
A New York slip and fall lawyer handles premises liability claims in a variety of settings. Common claims include those against store and restaurant owners for failing to keep their premises in a safe condition, property maintenance workers for not repairing hazards on the property, and municipalities for defective sidewalks, streets and parking lots.
To have grounds for a claim, you must show that you suffered injuries directly as a result of the hazardous condition at issue in your case. This could be an icy sidewalk, a broken step or a torn carpet. It’s also important to have evidence of your injury, including medical records, photos and witness testimony.
It must also be shown that the defendant knew or should have known of the dangerous condition and failed to fix it or warn you of its presence. For example, a municipality should notify people of construction work that will be affecting a sidewalk. Or, a store owner should place “Caution” signs in front of areas that have recently been mopped so that customers are aware that the floor is slippery.
Finally, it must be demonstrated that the breach of duty contributed to your injuries. For example, if the hazard was caused by a spilled liquid that you stepped in, it must be proven that you did not take steps to avoid the dangerous area and you did not check for wet floors before walking on them.
If you are hurt on someone else’s property, it’s important to consult with an experienced New York Slip and fall lawyer handling premises liability claims as soon as possible. The longer you wait to seek legal assistance, the more difficult it will be to gather and analyze evidence and build a strong claim.
Once your case is won, you will receive a settlement check from the insurance company. The check will be sent to your attorney, who will distribute it according to the terms of your agreement with him or her.
A knowledgeable slip and fall attorney will fight for your rights to maximum compensation. He or she will develop a smart legal strategy to combat any defenses that the at-fault party raises, including allegations that you played a role in your own injury or that the dangerous conditions were open and obvious. Your attorney will also fight for your damages, including the full amount of your medical bills, out-of-pocket costs, and pain and suffering. Contact our firm today for a free consultation. Our team of New York slip and fall attorneys will help you get the compensation that you deserve.