Trusted Slip And Fall Lawyer In Brooklyn
A slip and fall claim is a kind of premises liability claim. An individual can slip and fall virtually anywhere, and a variety of factors can cause one to slip and fall, including damaged carpeting, unexpected flooring changes, inadequate lighting, narrow stairs, and wet floors. When an individual slips and falls—and as a result they get injured—it’s likely that somebody else’s negligence was involved. In numerous cases, it’s the owner of the property where the injury occurred who’s held liable.
Private citizens aren’t the only entities that can be sued in slip and fall cases. Businesses and government entities can be sued as well. But compensation must be pursued soon after the incident occurs, otherwise it may be harder for the claimant to prove their case. And when a claimant needs assistance with filing a claim or defending their position in court, it’s here where a slip and fall lawyer can be an invaluable asset.
Call 1-800-HURT-511 to get in touch with an expert slip and fall lawyer in Brooklyn. For years, the Sanders Law Firm has been securing judgments for its clients, and we’re the professionals to call when you need your interests protected in court.
What Is a Slip and Fall Case?
Say, for example, you’re walking through a grocery store when suddenly and unexpectedly you slip on a puddle of water. If there’s no wet floor sign in sight, it’s likely you could bring a case against the grocery store and win. This is because the grocery store’s staff did not properly mark the wet floor. Had they done so, you wouldn’t have slipped and fallen. Now, their negligence has caused you to get injured, and you should be compensated for all consequences of that injury.
But is the owner of a property automatically at fault when someone slips, falls, and gets hurt on their property? No, and determining responsibility can be tricky in slip and fall cases sometimes.
How Is Responsibility Determined in a Slip and Fall Case?
If you slip and fall on someone else’s property, the owner of the property is not necessarily at fault. Liability is determined on a case by case basis, and in a slip and fall case, a plaintiff must show that the defendant did not take reasonable measures that could’ve prevented their fall. In most cases, negligence is to blame, but sometimes maliciousness can be the cause of dangerous conditions also.
It must be proven that the owner of the property knew of the dangerous condition and didn’t take appropriate steps to remedy it. Also, if there was no way for the injured party to anticipate the hazard, they can’t be held responsible for their own injury. This latter point implies that individuals are aware of certain obvious dangers every day, and that they take necessary measures to avoid these dangers. In order for a property owner to be held liable for injuries someone sustained on their property, the following factors must be established:
- → The property owner created the hazardous condition;
- → The property owner knew of the condition and didn’t act properly to fix it;
- → The problem existed for a long time before the slip and fall incident happened, and therefore the property owner should’ve known about it and addressed it.
Establishing responsibility is the most important part of a slip and fall case. Once responsibility has been placed, it’s just a matter of figuring out an appropriate compensation amount.
Who Can Get Sued for Damages in a Slip and Fall Case?
The type of property in which you slip and fall plays a big role in determining liability. For example, if you slip in a commercial property, different factors need to be established then if you slipped and fell in a residential property. But commercial property owners, residential property owners, and government entities all must ensure their properties are hazard-free. And if a property owner is made aware of hazards, they must address these in a timely manner.
Slip and fall case defendants are often commercial businesses, mainly because businesses deal with a lot of individuals on a daily basis. When there’s more human interaction, it’s more likely that a hazardous situation will spring up. Moreover, it’s hard to prevent every hazardous situation, just as it’s hard to immediately remedy every hazardous situation that manifests.
What Should You Do When You Think You Have a Slip and Fall Case?
If you believe that the injury you sustained from slipping and falling is the result of somebody else’s negligence, the first thing you should do is report the incident to the owner of the property. Next, you should take pictures of the scene, as this way you have documented evidence of the conditions that made you fall. You should also write a detailed account of the event soon after it happens.
Another important step is preserving everything you wore when you slipped and fell. Also, don’t take responsibility if you’re prompted to do so. Lastly, avoid interactions with the property owner, witnesses, employees, and insurance company representatives, and reach out to a trusted attorney.
What Is the Average Award Size in a Slip and Fall Case?
Slip and fall case settlements are usually between $10,000 and $50,000. The compensation is awarded to address medical bills, lost wages, and other damages. Some slip and fall case settlements are even higher, and having an attorney who can determine how much damages are worth plays a big role.
What Does a Slip and Fall Lawyer Do?
An experienced slip and fall lawyer in Brooklyn will be able to prove their client’s injuries were the result of negligence on the part of the property owner, and they’ll also be able to come up with a fair and accurate compensation amount. Moreover, an attorney will deal with all the headache-inducing tasks for their client, and this assistance is invaluable to those who’ve been injured in slip and fall cases.