Slip and Fall Lawyer Long Island
Slip and fall accidents are so common and ubiquitous that many people fail to realize how serious they can be. Of course, the people who experience this kind of accident know the severity of a slip and fall since it can lead to debilitating injuries that can have them convalescing for some time. A slip and fall is classified as an accident, but in most cases, it is an accident that is not the fault of the victim, and it is also an accident that could have been avoided. The reason is that slip and fall accidents are frequently caused by the negligence of someone else.
That is why slip and fall victims need to hire a personal injury lawyer as soon as possible after their accident. At the Harris Law Group, we have been helping residents of Long Island with their slip and fall cases for over two decades. Our attorneys have over forty years of combined experience that they use to help Long Island slip and fall victims get compensation to cover their accident-related expenses. That includes medical bills, lost wages, pain and suffering, and more. So contact the Long Island slip and fall attorneys at the Harrison Law Group if you have been in a slip and fall accident that was caused by the negligence of another.
What Are the Parameters of a Slip and Fall Case?
As stated earlier, a slip and fall is when someone slips and injures themselves because of a mistake or oversight made by someone else. That means slip and fall cases fall under the wider legal umbrella of personal injury cases since those types of cases involve people getting injured due to the negligence of another person or party.
However, there are a few more factors that come into play to make a slip and fall a slightly different legal matter than other personal injury cases. Slip and fall accidents fall under the broader legal category of premises liability law. That means the accident happened on property that was owned by someone else, and if the accident was caused by negligence, then the property owner may be held liable.
What is Negligence in a Slip and Fall Case?
Negligence in a slip and fall case comes down to two questions: Who are the liable parties and did their negligence result in the accident? In order to answer those questions, the accident victim and their personal injury lawyer need to prove that the property owner, or someone working for them, either caused or should have noticed the hazardous condition that resulted in the accident and did not take any steps to rectify the problem by fixing it or warning people about it.
A dangerous condition can be anything from spilled liquid that makes the floor slippery to a poorly lit area to a pothole in the sidewalk. If there is a possibility that the condition could lead to an accident, then it can be considered dangerous.
Proving Fault in a Slip and Fall Case
In order to prove fault or negligence in a slip and fall case, the victim needs to prove that the person in charge of the property failed to act in a way that any reasonable person would in addressing the dangerous condition that led to the accident. In doing so, the victim and their legal team must find the answers to some relevant questions that include the following:
- Was the hazardous condition present for a long enough time that a reasonably attentive person would have noticed it and done something about it?
- Did the person in charge of the property create the dangerous condition?
- Did the property owner or manager know about the dangerous condition?
If the answer to any of these questions is yes, then the property owner or manager can be held liable because it can be determined that their negligence was what caused the dangerous condition to occur or persist. You should note that while you are intent on proving that the property owner or someone who works for them was responsible for the condition that led to the accident, they will be trying to prove that you were at fault instead.
Comparative Fault in Slip and Fall Cases
When the property owner argues that the slip and fall victim was partially or completely responsible for the accident, it falls under the legal concept known as comparative fault. Comparative fault comprises two types of laws, comparative negligence and contributory negligence. The one that applies to your case depends on the state in which you live. In states with contributory negligence laws, you cannot collect any damages if it is determined that you are even a little bit at fault for the accident.
States with comparative negligence laws are less harsh because they take the percentage of the slip and fall victim’s liability into account and award them damages based on that percentage. For example, if the victim was set to collect $1000 in damages but it was determined that they were 50% responsible for the accident, then they would collect $500 instead. New York is a comparative fault state so you can still retain a slip and fall accident attorney in Long Island even if you were partially at fault for the accident.
If you were completely at fault for the accident, then a successful claim is far less likely, so you should consider if any of the following factors apply to your case:
- Were you distracted and not paying attention when you encountered the situation that caused you to slip and fall?
- Were you legally allowed to enter the place where the slip and fall accident happened or was there a reasonable explanation for why you were there?
- Were there clear warning signs informing people of the danger that was present?
If the answer to any of these questions is yes, then you have a much lower chance of receiving any compensation for the slip and fall accident.
Types of Injuries in Slip and Fall Cases
A slip and fall may not seem like a serious type of accident but it can have serious consequences. Some of the injuries slip and fall victims may suffer include the following:
- Cuts and bruises
- Nerve damage
- Traumatic brain injury
These injuries range from the mild to the severe, which is why a slip and fall accident should never be taken for granted.
Contact the Harrison Law Group if You Have Been In a Slip and Fall Accident
A slip and fall is the type of random, everyday accident that no one ever really thinks about until it happens to them. So even though a slip and fall accident is always unexpected, you should contact the Harrison Law Group because we are always ready to help anyone who has suffered such an accident.
Our slip and fall attorneys will help slip and fall victims receive the compensation that they need to take care of any expenses caused by the accident. So do not hesitate to get in touch with us if you have experienced a slip and fall accident in Long Island. We will always be there to give you the help that you need.