Slip and Fall
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Long Island Slip & Fall Injury Lawyers
Suffered a Slip & Fall Injury?
Premises liability is the responsibility that falls on a landowner in the event that an injury has occurred due to their negligence. That means when an individual slips and falls on another’s property, they may be able to prove premises liability. This takes the skill of a well-versed and seasoned legal advocate, which is why you need to call on Gruenberg Kelly Della. Our Long Island slip and fall attorneys know how to craft strong, compelling claims that effectively demonstrate the fault of the negligent party.
When Does Premises Liability Apply in a Slip & Fall Case
There are a number of issues that could cause a slip and fall. When these issues are connected to a property owner’s negligence, they may be held responsible for the damages you’ve suffered. These hazardous or dangerous conditions could range from anything from wet floors and evening pavement to falling objects and inadequate security or lighting. However, even if these conditions are present, premises liability still must be proven.
For premises liability to apply:
- The defendant must possess the land in question
- The plaintiff must be an invitee or licensee to the premises
- The defendant must have committed or overlooked some type of negligence
- This negligence must be directly related to the individual’s injuries
Proving Negligence & Liability
In order to find the defendant in a slip and fall case negligent, your case must prove that the property owner did not act the same way a reasonable property owner would have under similar circumstances. There are several factors that are considered when determining negligence and liability: Was poor lighting or visibility a potential cause of the accident? Did the property owner have sufficient time to take care of the dangerous condition before the accident occurred? Did the property owner violate a policy of regularly checking for any hazards on the premises?
Proving You Didn’t “CAUSE” The Accident Yourself
In these types of cases, the property owner will argue that you are partially or totally responsible for the injuries you’ve sustained from the slip and fall accident. Under the comparative fault rule, your personal injury claim settlement can be reduced by the percentage that’s equal to your share of fault. For example, if a settlement is $10,000 and you’re found to be 20% liable for your injuries, your settlement will be reduced to $8,000. Because the comparative fault rule exists, it is extremely important to build the strongest case possible that shows the property owner is completely at fault for the accident.
What to do After a Slip & Fall
If you’ve been injured in a slip and fall accident that occurred on another’s property, you may have the right to pursue legal action. The steps you take immediately following a slip and fall accident are absolutely crucial to the course your claim takes.
Report the Accident
After a slip and fall accident, you should not hesitate to report the accident to the premises owner or another person who may be in charge of the property. Insurance companies and juries are inherently hesitant and will question the legitimacy of any claim that was not reported immediately following the event – especially if there were no witnesses.
Get Medical Treatment
If you’re hurt after the accident, seek medical attention immediately. If you let time pass between the accident and getting medical treatment, insurance companies will assume that because you waited to see a doctor, your injuries were minor and non-serious or possible related to a completely separate event.
Get the Necessary Information
If there were any witnesses when the accident occurred, you’ll want to get their contact information. Having a witness can be invaluable to building your case – they can not only provide additional support to the validity of your claim, but also provide key details that can help determine fault.
Take Pictures
After a slip and fall accident, if you can, take pictures immediately. Be sure to take several photos from different angles before leaving the scene. If you are unable to take photos, have a friend or relative take the photos for you as soon as possible. You want to take advantage of the property’s condition before any changes or repairs are done to it.
Let Us Help You Get Back on Your Feet
Our Long Island slip and fall attorneys here at Gruenberg Kelly Della have dedicated their careers to representing the rights of individuals just like you. We strive to aggressively pursue the best possible outcomes for our clients. Our caring services extend beyond the courtroom, as we pride ourselves in helping the surrounding community by sponsoring local events, donating to soccer clubs, and staying in touch with those we serve. Our commitment to our community and our clients is something we prioritize.
Call our Long Island slip and fall lawyers at (631) 737-4110 or fill out a free case evaluation now.
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