Slip and Fall accident Frequently Asked Question

What is a slip and fall accident?

A slip and fall accident is a personal injury caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else's property. These may occur inside a building and by attributed to dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor. Outside a building, a slip and fall accident may result from rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Generally, slip and fall accident attorneys become involved when slip and fall accidents occur on commercial, residential or public property. Regardless of where slip and fall accidents happen, property or building owners have a certain level of responsibility to ensure their premises are safe.

Slip and fall accidents are the most common type of “premises liability” cases handled by New York slip and fall accident lawyers, and they often revolve around the question of a property owner's duty to care for the property. Injury by fire or other accidents resulting from defects in the condition of buildings tend to fall under this category.

Negligence law governs slip and fall cases. For a slip and fall accident attorney to win a premises liability claim, it must be proven that either the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. For New York slip and fall accident lawyers, this can be challenging as proving when a given first appeared is extremely difficult.

How do structural defects affect slip and fall accidents?

Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury slip and fall accidents. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles or torn carpeting can create dangerous situations for visitors to a building. Keep in mind that proving negligence requires that a New York slip and fall accident lawyer to prove the property owner knew or should have known about the problem and failed to repair it. Occasionally, a slip and fall accident attorney can prove negligence by violation of a statute.

Building owners must also ensure that the building's structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If a slip and fall accident occurs on a stairway that lacked appropriate handrails, and the lack thereof caused injuries, a New York slip and fall lawyer may have a valid claim against the building owner for violating building codes.

How can weather conditions cause slip and fall accidents?

A slip and fall accident attorney tends to find weather-related slip and fall accidents to be difficult cases. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. Generally this will include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps. The difficulty for a New York slip and fall accident lawyer is when the landowner has no reasonable opportunity to correct the problem. For example, if a flash flood has created a hazard, the landowner will not be held liable for any slip and fall accident-related injuries that may have resulted.

What should you do if you suffer a slip and fall accident?

If possible, you should inspect the area where you fell, and try to determine what caused you to fall. Be sure to write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred - both those who saw you fall, and others who were there after the incident - since a New York slip and fall accident lawyer will likely need them as witnesses on your behalf. Even if someone did not see the slip and fall accident, they could describe your pain and the conditions of the floor, lighting, or other hazard immediately.

If the slip and fall accident occurred in a store or place of business, speak with the manager or supervisor on duty. They should make a record of the incident, being sure to get a copy of anything prepared. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, obtain this person's name and job title. Your slip and fall accident attorney will also need the name, address, and phone number of anyone else who heard him or her make the statement.

Photographs of the area should be taken as soon as possible. A property owner might move to quickly correct dangerous conditions if they feel a slip and fall accident attorney may soon be filing a claim for injuries. If you happen to slip on any substance on the floor, obtain a sample of the substance if possible. After receiving appropriate initial medical treatment, contact New York slip and fall accident lawyer experienced in handling slip and fall accident claims.