You can sue after suffering from a slip and fall injury. However, before you can file a lawsuit, you must consider various things – including the time and effort you shall spend. That’s because litigation is often stressful, time-consuming, and expensive. The purpose of this article is to inform you of things to expect when you sue after suffering from a slip and fall. Additionally, you will need a qualified and experienced New York slip and fall lawyer to ensure you receive the financial compensation that you rightfully deserve after you have been seriously injured as a result of your slip and fall accident, especially if your injury happened in New York.
Overview of Slip and Fall Accident
Perhaps you are walking and then fall on someone’s property caused by hazardous conditions; it is referred to as a slip and fall accident. You can choose to sue the owner of the property. But remember, not all accidents warrant legal action. That well said, civil court systems and insurance companies would need evidence of neglect.
How to determine whether you should claim compensation after a slip and fall accident
If you slip and fall on unsafe premises, you can claim compensation. This is only possible if the property manager or owner has failed his duty of keeping his premise safe. Some conditions can help you establish negligence. These are the conditions you need to know to help you make a claim; read on.
Unsafe Conditions
A slip and fall accident mostly occurs in a hazardous area. After the accident, you probably end up with injuries and have to visit a doctor. The law allows the property owner to keep their premises safe for users. So, if the place were safe, you wouldn’t have experienced the accidents.
Some of the hazardous conditions that can result in slip and fall include:
1.Accumulated precipitation
2.Cracked sidewalks
3.Wet floors
4.Debris on public walkways
5.Unmaintained structures
These are just some of the hazardous conditions. It’s the role of the management to ensure your safety at all times.
If Property Owner is Aware Hazard Existed
Sometimes, it’s unfair blaming the property owner for any hazard of which he or she isn’t reasonably aware. So, filing a claim for such a case may require a debate on reasonable safety measures. The case will involve a property owner who knows about the hazardous conditions in their property but didn’t act. It is a hassle to prove the property owner knew these hazardous conditions. That’s why you need a good and experienced lawyer to discuss your case. The lawyer can also take you through your claim process.
No Signs of Hazardous Conditions
The law states that the property owner should inform the property users in case of hazardous conditions. Failure to do that makes them liable when there is an accident on their property. Poorly placed warning signs can be termed as negligence by the property management. So, this gives you room to claim after slip and fall injury.
Negligence From Property Owner
The other essential reason that can lead to slip and fall injury is negligence. But you need evidence that can satisfy different elements of negligence according to law. Some of the elements you must satisfy include the cause of injuries, failure addressing hazards that keep visitors safe, and lack of duty care. To prove these, you need a good and experienced attorney.
