A slip and fall accident can occur and other local areas for many different reasons. Whether you reside in Manhattan or Queens, slip and fall incidents can undoubtedly take place.
Individuals can find themselves in precarious situations because of the negligence of property owners or other relevant people. These various incidents can range from liquids, winter issues, and different problems affecting an individual.
Injuries indeed tend to happen in life, and when they do, it is necessary to assess the situation. You must ask yourself questions like was this your fault, or was this slip and fall incident something that could have been avoided? Indeed, did this slip and fall incident occur due to the negligence of others?
If it is the fault of others, you might note that there may be an opening for compensation due to liabilities.
If that is the case, it is best to proceed and discuss this particular situation with a lawyer. Now, the truth is that each slip and fall case will vary. Therefore, it is necessary to have a competent attorney that can craft effective strategies to help you win slip and fall cases in New York City.
An effective attorney will understand that winning a slip and fall case will require a solid foundation. This foundation will consist of accounting for four critical components. The four critical components will revolve around the concept of negligence.
Remember that obtaining and utilizing a slip and fall accident lawyer will ensure that you can streamline the process. In addition, the legal professional will provide to collect the evidence about your particular situation and help you win your slip and fall case.
These competent legal individuals will help to maneuver around the complexities of the law and help you obtain the right results. Let’s first look at these different aspects that an experienced attorney will account for in a slip and fall accident.
The Four Aspects to Account For When It Comes to Negligence
A concrete slip and fall claim will necessitate that legal professionals establish these several components.
Duty
This is a critical component. What is the duty of the store owner, the building owner, or another proprietor of an establishment?
The establishment’s proprietor, the defendant must provide a certain level of safety and care. Thus, it is not merely part of a social contract but rather that the individual has a legal obligation to ensure that the area is safe and secure.
New York law holds that an injured party must show that the proprietor did not conduct their obligation concerning safety. The proprietor would have to keep the interior reasonably safe and ensure that the exterior is also up to par. If they do not maintain this obligation or stay true to it, you will have more substance for a slip and fall case in the NY area.
The City of New York also requires that sidewalks by commercial real estate are also well maintained.
What are some examples of potential situations that could occur? What are some examples of negligence? For instance, if various liquids are present on the ground, that could create slip and fall accidents. An owner of an establishment would go ahead and note that this could be a hazard.
They would go and ensure to clean it up as quickly as possible. While they could clean it, they would also place a warning poster that lets individuals know that this area is slippery. If the proprietor neglects their duty, the plaintiff has one key component accounted for in their slip and fall case.
A slip and fall attorney can help you navigate these issues, guide you through the process, and help you get to the right outcome.
Breach of Duty
The defendant in a slip and fall injury case would be in breach of their duty. A violation of duty implies that the person did not meet their obligations. The business owner or property manager must ensure to act as a reasonable person and fulfill their obligation.
For instance, in New York City, if an owner of the property forgets to fix the crevices in the sidewalk, thus causing someone, who happens to be distracted by their phone to slip and fall, the property owner would find themselves in a bit of hot water.
The property owner would have been in breach of duty.
Another instance would be, say you are present in a fresh foods establishment. You are going about your way and perusing the goods that it has to offer. Then, you eye that pink Himalayan salt you have been looking for, and you jubilantly move toward it.
But then, all of a sudden, something happens, and you find yourself on the floor. There’s pain all over, and you wonder about the cause of this unfortunate situation. Then, you glance around and witness that there’s some yellow substance that’s on the floor. It seems like it is canola oil, and you wonder why it was on the floor.
This begins your journey to open your slip and fall injury case. After some digging, you realize that the managers and owners of the food establishment knew about this spill and did not clean it up. Further, they neglected to notify individuals, much like yourself, who tend to frequent the store.
These store owners have not taken the right actions, and now they are in a breach of duty.
What Are Some Other Situations That Relate to a Breach of Duty?
- Inadequate lighting
- A lack of handrails
- An unfortunate accumulation of wintry elements like snow, sleet, or ice
- Improperly set mats
- Electricity hazards
- Fire hazards
There are a variety of other instances that relate to a breach of duty in a slip and fall accident. Property owners must be aware of various situations that can lead to slip and fall accidents and fix them accordingly.
The Third Component is Causation
This component is necessary to account for in a slip and fall accident. The cause of the matter is critical. Did the defendant take the right actions, or did they not take the right steps? If they took the wrong action that led to the incident, that would add more merit to your case.
The Fourth Component is Damages
In essence, was the plaintiff injured? Were they harmed due to the negligence of the property owner? This is a specific component; if the plaintiff was not injured in the incident, there is no compensation case. Therefore, there is no case for moving forward with the matter.
Recall that individuals can obtain compensation for expenses related to medical costs, loss of income, and various forms of health issues due to the incident.
How To Ensure to Increase Your Chances to Find Success in a Slip and Fall Accident
Our legal professionals at Spektor Law will have a complete comprehension of personal injury lawyer and will assist you as you maneuver through the nuances of the law.
How can we assist you in these personal injury matters?
- Compiling pertinent evidence tied to the incident. Our law firm professionals may seek to obtain various types of evidence. These forms of evidence may include videos, images, and different kinds of reports.
- We are likely to obtain a replica of your medical history that will shed light on your present physical injuries.
- Collecting documents that shed light on the expenses that you have taken on after the injury.
- Our legal professionals will crunch the numbers to understand the relative level of compensation that you should be eligible for.
- Collaborating with relevant professionals who can note your expenses, your injuries, and how this incident has affected your future.
- Our legal professionals at Spektor Law will work hard to create a robust file that will help us obtain the right compensation level.
Legal Matters in New York That Can Impact Your Case
It is necessary to know about the legal matters that can have an impact on your particular case. One specific legal nuance that we would consider is the New York Civil Practice Law & Rules (CVP) §214.
The northern state of New York will set a certain expiration on filing a case. They ensure to restrict the amount of time you have to file a claim after being involved in such an incident.
It is necessary to start your case as quickly as possible to not lose your opportunity to move forward in this matter. A legal professional will take their time to provide more details on this matter and help you start your case.
There are a variety of other laws that can impact your case, and our legal professionals at Spektor Law can ensure to help you get up to speed on these legal nuances.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422
Phone: 800-318-8888
