Slip and Fall Accidents
A slip and fall occurs when someone is injured because a walking surface contains a dangerous condition. Dangerous conditions can include spilled liquids, ice, soap, food, cracks, holes, or uneven surfaces. A slip and fall can cause serious injuries, which may require expensive treatment. If you are injured in a slip and fall accident, you may be able to recover damages in a premises liability lawsuit. Queens slip and fall lawyer Shane D. Scott can advise you on whether you have a claim.Slip and Fall Accidents
Property owners owe a duty to make their property reasonably safe for visitors. When they fail to do so, they may be held accountable. If you slip and fall because of a dangerous condition on another party’s property, you can recover compensation if you can establish that there was a dangerous condition on the defendant’s property, the defendant had actual or constructive notice of the dangerous condition before your fall, the defendant neither warned you of the dangerous condition nor fixed the dangerous condition, and damages resulted.
It can be difficult to establish notice of a dangerous condition because the property owner has superior knowledge of what it knew and when it would have noticed a dangerous condition had it been reasonably careful. Actual knowledge can be established by documentation, such as a maintenance record that reveals when the property owner discovered the dangerous condition. For example, if you slip in a mall bathroom that had just been mopped by the owner according to its maintenance logs, but no warning signs or orange cones were placed, you would be able to show actual notice of the dangerous condition.
Constructive notice can be shown if a slip and fall attorney in Queens can prove that a dangerous condition existed for long enough that the property owner should have known about it before the accident. For example, if you slip on a sticky substance on a restaurant floor, and we can show that the substance was there for eight hours, such that a reasonable restaurant owner would have noticed it and cleaned it up, we can likely establish constructive notice. It is usually easier to establish constructive notice when a structural defect causes a fall than when a transient condition does. However, sometimes it is possible to establish constructive notice through video surveillance footage of the premises, showing the dangerous property condition. Stores often reuse surveillance tapes, so it is important to retain an attorney right away so that a letter warning the property owner against spoliation of evidence can be sent.
Under New York Civil Practice Laws & Rules section 214, you will need to file your lawsuit within three years of the date of your slip and fall. A Queens slip and fall attorney can help ensure that you meet this deadline.Comparative Negligence
Often, property owners try to look for ways in which a slip and fall was the fault of the victim, even if the victim has sustained serious injuries. The property owner may argue that you were somewhere on the property where visitors are not allowed to be. The defendant may argue that you were not paying attention or that you were not wearing appropriate footwear under the circumstances. You should retain an attorney who knows how to counter these strategies.Damages
If we can establish liability for a slip and fall, you may be able to recover compensatory damages. These are damages that are meant to return you to the position in which you would have been had you not been injured. They can include both economic and non-economic losses, such as medical bills, lost wages, replacement services, out-of-pocket costs, pain and suffering, loss of enjoyment of life, mental anguish, and loss of consortium.Contact a Slip and Fall Lawyer in Queens
If you were injured in a slip and fall on someone else’s property, you should consult Shane D. Scott. He can gather evidence to prove liability and develop strategies to maximize your compensation. Call us at (800) 230-0744 or complete our online form.