08 Oct Common Slip and Fall Accidents
Slip and fall accidents are very common in the workplace, commercial venues, residential homes, and other areas. When someone falls and sustains a serious injury, it can alter their entire life substantially.
For those who struggle with osteoporosis or other difficult health conditions, it can turn into disability and even premature death. Here, we’d like to discuss some of the common slip and fall accident scenarios, and what you can do about them if they arise from negligence.
In a Private Residence
Slips and falls that occur in other people’s homes often involve some sort of negligence. This means that other homeowners, landlords, and even apartment tenants can be held responsible for your fall, depending on who overlooked or created a tripping hazard. Sometimes this happens if a landlord forgets to perform maintenance on a stairway. However, it could also happen if you visit a friend (renting an apartment), and you trip on something they leave loose on the floor. In either event, if a case goes to court (even against a friend), the defendant’s insurance company typically covers the damages.
On Commercial or Other Properties
It can be a little trickier if you slip and fall in “public,” because there is always an owner of some sort, someone who’s responsible for securing the area. If the fall resulted from misplaced equipment, standing water, or some other impediment, the owner of the business or property, may be liable for injuries.
Keep in mind that this will look different if you’re an employee on a job site. In those scenarios, restitution flows through the workers’ compensation system. If, however, it’s not a job-related injury, you would need to initiate a lawsuit by hiring an attorney.
More on Premises Liability
In New York, there are several instances where premises liability comes into play for determining responsibility in a slip and fall accident. There are a few standards we must use to prove a case for premises liability. First, the defendant must possess (not necessarily own) the area in question. Second, the defendant had to have invited the plaintiff onto the premises. Then, the defendant would have to have overlooked or committed some type of negligence that directly relates to the plaintiff’s injuries.
These are the most important factors for understanding slip and fall accidents.
If you’re in or around Long Island and need assistance with cases like these, then Gruenberg Kelly Della would like to help. We offer top-notch legal sponsorship for these and other personal injury matters. Since it’s difficult to pursue a slip-and-fall case in court by yourself, this is a service you should carefully consider. You can reach us for more information by calling 631-737-4110.