NEW YORK — Maneuvering around spilled produce and climbing slippery steps are two simple actions out of dozens that put us in harm’s way each and every day. However, a New York slip and fall attorney says no matter how cautious we are, bad things can happen that lead to unintended consequences.
Slip-and-fall accidents make up a sizeable chunk of personal injury claims. These accidents can result in minor to severe injuries to people of all ages. As most people know, healthcare doesn’t come cheap. Injuries from slip-and-falls can incur thousands to tens of thousands of dollars in medical bills. Do you automatically have a claim if you got hurt outside your home?
If you slipped and fell on another’s property and suffered injuries, you might be able to pursue a personal injury lawsuit to obtain the money you need to cover the cost of your medical bills. To pursue compensation, you should discuss the nature of your case with a New York slip and fall attorney.
Do I Have a Chance to Win a Slip-and-Fall Lawsuit?
Slip-and-fall accidents send about eight million people to the ER every year, according to the National Floor Safety Institute. In order for your case to succeed, your attorney will have to prove four elements in court.
One: The Defendant Owed a Duty of Care
In legal terms, the “duty of care” basically means that the owner of the property was responsible for keeping the premises in a reasonably safe condition. He or she is also responsible for fixing any conditions which may pose a hazard to visitors.
A New York slip and fall attorney must prove that the defendant had a duty to keep the property free from slipping and tripping hazards. The defendant is whoever owned, controlled, or operated the premises at the time of your accident.
Two: The Defendant Had Sufficient Notice
Your New York slip and fall lawyer can establish notice in your case if he can show that the property owner, manager, or operator knew about the hazard before it hurt anyone, but failed to address the hazard. The defendant must have had enough time to become aware of the issue and fix it to establish notice.
Three: A Dangerous Condition was Present
Becoming seriously injured doesn’t necessarily prove that a dangerous condition was present when you got hurt. You must demonstrate that the defendant’s failure to address the hazard created a dangerous condition that caused your slip-and-fall injury. Your lawyer must also demonstrate that the premises were being used for their intended purpose.
Four: The Defendant’s Negligence Resulted in Damages
Finally, you must show that you suffered harm from the accident. You must provide evidence of your damages, which may include medical bills and time off work resulting in lost wages. Your lawyer must show that your current condition is a direct result of the property’s hazards; therefore, the sooner you consult with an attorney after a slip-and-fall incident, the better your results can be.
To learn more about your legal options for recourse after a painful slip- or trip-and-fall injury accident in Rochester, talk to the experienced attorneys at Cellino & Barnes. They will help you get your claim started and fight for the funds you need to move on with your life. Reach out to us at any time for a free personal injury consultation.
Cellino & Barnes (800) 888-8888