Whether running errands or meeting friends for dinner, you don’t expect the outing to end in serious injury. Unfortunately, slipping and falling is all too common, and emergency rooms across the country spend a lot of time treating people who were hurt in such scenarios.
If you happened to be one of them, you’re probably wondering what kind of legal recourse you have. The costs that come with unanticipated injuries can add up fast, after all, so it’s only natural to hope for compensation.
Whether you have grounds for a claim will come down to the circumstances surrounding the accident. Here are some of the most telling signs that it’s worth consulting an attorney because your case likely has merit:
1. The Accident Occurred on Someone Else’s Property
If you slipped and fell in your own yard or at your own place of business, it’s highly unlikely that you can take action against someone else. Unless the hazard on which you slipped was deliberately set up as a kind of prank, for example, you probably won’t be able to hold another party liable. This is because owners and occupiers are generally expected to maintain their premises to a reasonably safe standard.
Of course, that means if you slipped on someone else’s property, you should be able to hold them responsible for the damages you incur.
2. The Hazard That Caused the Accident Could Have Been Prevented
Did you fall because the owner or occupier was negligent? Put another way, did the landlord or tenant fail to take reasonable measures to maintain the premises? If so, you can probably hold them accountable.
3. You Sustained Legitimate Injuries in the Accident
Sometimes, a slip and fall accident causes little more than a bruised ego. Naturally, such minimal damage doesn’t warrant legal action. If, on the other hand, you were seriously injured, it’s definitely worth exploring all possible avenues of compensation.
4. You Incurred Actual Damages as a Result of Your Injuries
You must have suffered recognized losses as a direct result of the injuries you sustained in the accident. In New York, recoverable damages include medical expenses, the cost of replacement services, missed paychecks, and lost earning capacity.
New York tort law also recognizes the fact that unanticipated injuries can be utterly devastating physically and emotionally. As such, eligible claimants may also seek compensation for non-economic damages like pain and suffering, mental anguish, and diminished quality of life.
Call 855-585-2969 to Speak with a Slip and Fall Attorney in New York
At Leitner Varughese, we represent clients in New York City, Long Island, and throughout the rest of New York state. If you slipped and fell on someone else’s property in the Empire State and you want to take action, we’ll help you navigate every stage of the proceedings.
Our compassionate team is backed by more than 35 years of collective in the legal field. Call 855-585-2969 or submit our Contact Form to schedule a free initial consultation with a slip and fall lawyer in New York.