Need to Establish a Slip & Fall Case?

Slip and fall are dangerous and can result in severe injuries, leading to financial and emotional crisis. When someone goes through such mental stress because of someone else’s negligence they want to receive justice.

Slip and Fall Cases

A slip and fall case, also known as a premises liability claim. It arises when an individual is injured due to a hazardous condition on someone else’s property. To establish liability, you must prove the property owner’s negligence due to which you were harmed.

Elements of Negligence in a Slip and Fall Case

To prove negligence, you need to prove the negligence or hazardous condition on someone else’s property, that cause you harm.

1. Duty of Care: The property owner should’ve kept you safe under his legal obligation. This duty varies depending on your status at that place.
2. Breach of Duty: The property owner failed to provide legal safety and reasonable care, resulting in a dangerous condition. This could be spill, uneven flooring, inadequate lighting or other dangerous circumstances.
3. Causation: The property owner’s negligence directly or indirectly caused you harm.
4. Damages: You suffered actual losses, such as medical expenses, wage loss, pain and distress and property damages due to that breach of duty.

Gathering Evidence

Strong evidence is crucial to prove breach of duty in slip and fall case. Consider the following:

• Photographs: Document the scene of the accident, including the hazardous scene that caused the accident and the injuries or damages. Take pictures and videos from different angles to provide comprehensive view.
• Medical Records: Medical records are important in any case. Gather all the medical records related to your injuries, including doctor’s appointment, treatment plans, diagnosis and medical bill. Don’t skip medical checkups even when you think your injuries are minor.
• Witness Statements: If anyone, by any chance witnessed the accident, try to obtain their statements as soon as possible and get their contact information for later.
• Incident Reports: File a report of the accident with the property owner or manager immediately after the accident.  This document provides an official record of the incident, which can be used later.
• Security Footage: Surveillance footage is the most effective way of proving your case. Take the surveillance footage that captured the accident, if possible.

Investigating the Incident

Thorough investigation is essential to build a strong case. Consider the following steps:

• Inspect the Accident Scene: Return to the accident scene to gather additional evidence or take more photographs.
• Interview Witnesses: Talk to any witnesses who may have seen the accident or the hazardous condition before the fall.
• Review Property Records: Obtain maintenance records or inspection reports to determine if the property owner had knowledge of the hazardous condition.
• Consult with Experts: In complex cases, expert witnesses, such as engineers or accident reconstruction specialists, may be necessary to establish liability.

Legal Consultation

Given the complexities of slip and fall cases, consulting with an experienced personal injury attorney is highly recommended. An attorney can assess the merits of your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

The Statute of Limitations

It’s essential to be aware of the statute of limitations for slip and fall cases in your jurisdiction. The statute of limitations is the time deadline to file a claim. If you fail to file within the specified timeframe, you may lose the right to pursue compensation.

Seeking Compensation

If your case is successful, you may be entitled to recover damages for your injuries. These damages can include:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

Slip and fall accidents can have a significant impact on your life. By understanding the elements of a successful case, gathering evidence, and seeking legal counsel, you can increase your chances of recovering compensation for your injuries. Remember, every case is unique, and the outcome depends on various factors. Talking with an experienced personal injury attorney is crucial to protect your rights and maximize your chances of success.

If you want to have a free consultation with a Garden City Lawyer then call now at (718) 414-6642.