According to the National Safety Council, over 46,000 people died in falls in 2022, making falls the second leading cause of unintentional death due to injury. Injuries caused by falls are often serious, resulting in paralysis, broken bones, chronic pain, and other life-altering repercussions. Even when a fall is unintentional, it often could have been prevented. If you slipped and fell on another person’s property or took a dangerous spill because of someone else’s negligence, you may be eligible for compensation. To talk with a New York slip and fall attorney at Buttafuoco & Associates about your rights and potential to bring a lawsuit, get in touch at 1-800-NOW-HURT.
When Does a Slip and Fall Accident Become a Legal Claim?
When the negligence of a liable party causes injuries in a slip and fall accident, the victim can file what is known as a premises liability claim. This type of claim requires establishing the following:
- The victim was lawfully on the property of another party.
- There was a hazard on the property that caused the accident.
- The property owner knew about the hazard, or the hazard was obvious enough that the property owner should have known about it.
- There was adequate time to identify and prevent the hazard from causing harm.
- The victim suffered serious or fatal injury due to the hazard.
Here’s an example: let’s say a bag of ice falls and melts on the floor of a supermarket, and someone slips and falls, suffering a serious injury. The fact that the ice had melted indicates that there was likely adequate time for an employee to clean up the spill or, at minimum, warn customers about the hazard. Since the hazard was not cleaned up and the slip resulted in injury, the property owner, manager, or employee may be considered liable for the victim’s injuries.
On the other hand, if a customer at a restaurant spills a glass of water and does not alert the restaurant staff, and another person slips and falls moments later, it is unlikely that the injured party can file a claim against the restaurant. This is because the spill occurred immediately before the slip and the restaurant staff did not have sufficient time to identify and fix the hazard. However, if the customer spilled the water and immediately told a staff member who ignored it, the injured party may have a valid claim.
As these examples demonstrate, slip and fall cases can be nuanced–and sometimes multiple parties may be liable. Working with an experienced slip and fall attorney serving New York is often in your best interests, as a lawyer can gather evidence and use it to prove negligence. Most attorneys work on a contingency basis, which means you only pay if you win your case.
Evidence for a Slip and Fall Case
If you are the victim in a slip and fall case, you must prove there was an existing hazard that a reasonable person would have been unable to avoid, and that this hazard caused your injuries. To establish this, you may need evidence such as:
- Photographs: photographs are excellent evidence for demonstrating unsafe conditions such as poor lighting, slippery or snowy surfaces, or other factors that caused the accident. You can also take photographs of your injuries.
- Surveillance video: video may be helpful in identifying how long the hazard existed, or even in capturing exactly what happened during your slip and fall.
- Incident report: make sure to file an incident report that details how your injuries happened.
- Eyewitness testimony: if people around you witnessed the incident, you can use their testimony to prove that the slip and fall occurred through no fault of your own. For example, if the store manager claims that you were distracted and caused your own injuries, eyewitness testimony can help prove that you were paying attention but that the hazard was unavoidable.
- Medical records: always visit the emergency room after an accident, regardless of how severe your injuries seem at the time. Medical records will be essential to building your case.
Collecting necessary evidence can be difficult, especially while you are trying to recover from serious injuries. The New York slip and fall attorneys at Buttafuoco & Associates can alleviate your stress by helping you gather the evidence you need to support your case.
Compensation After a Slip and Fall
Slip and fall accidents often cause serious injuries. While surface bruises and minor lacerations may not require filing a claim, other injuries like fractures, strains, and sprains in the legs, arms, and hips require significant (and often expensive) medical attention. Spinal cord injuries and head trauma are other common injuries after a fall, and require extensive and costly medical attention.
If you are able to prove the at-fault party caused your injury, you may be entitled to:
- Medical expenses for immediate and ongoing care
- Long-term or permanent damages due to disability
- Lost wages
- Lost earning capacity
- Pain and suffering
If you have been injured due to another person’s negligence, the experienced New York premises liability attorneys at Buttafuoco & Associates can help your family settle a slip and fall claim and get you back to your normal life.
Call us today at 1-800-NOW-HURT to schedule a free case review.