Falls are a leading cause of injury and death in the United States. When those accidents (also called slip and falls or trip and falls) happen due to someone else’s failure to maintain their New York property or repair an unsafe condition, you may be able to file what is called a premises liability lawsuit. Scott C. Gottlieb, Injury Law Attorney, can assist you with your New York claim.
We represent New Yorkers who have sustained fall-down injuries in preventable accidents. Our firm’s philosophy is to provide quality legal services while treating each client with care and respect. We will work together to decide whether it is better to fight a case in court or pursue a settlement in order to obtain the financial recovery that you deserve.
Contact our Binghamton accident attorney online today or call our Binghamton office at (607) 724-7700 for a free consultation. Our responsibility is to help you in your time of need. Our Binghamton personal injury lawyer returns all calls every day, usually within the hour – even on weekends. We will fight for you!
Slip and Fall Injuries and Premises Liability
Premises liability is a fast-growing area of the law, for both private property owners and businesses. Property owners have a duty to provide safe, secure and properly maintained premises free of all foreseeable hazards for visitors and patrons. They are also required to flag/ block unsafe areas (such as an aisle in a grocery store where a jar of spaghetti sauce has fallen) until a repair can be made. It doesn’t matter how or why a person enters a property – if a personal injury occurs, the property owner may be held liable for the accident.
Fall-down accidents can happen due to a variety of unsafe conditions, such as poorly lit stairwells, loose steps, cracked or uneven pavement, dog bites and even assaults due to inadequate security. Oftentimes the injuries suffered in a slip-and-fall or trip-and-fall accident can be serious, including head injuries, neck injuries, back injuries, broken bones and, in older people, injuries such as dislocated hips.
Winning a premises liability case can provide you with compensation for your fall-down injuries. Money can be awarded for pain and suffering, mental anguish, lost quality of life, lost wages and medical expenses. But premises liability cases are also very fact-based, which means that you need a knowledgeable lawyer to carefully examine the details of the case.
Questions a slip and fall injury/premises liability lawyer might ask include:
- Did the injury result from a natural or artificial condition of the premises?
- Was the property satisfactorily maintained?
- Was the facility adequately secured?
Once those questions have been answered, the next task is to prove your case. Liability is not automatic. Just because your fall-down injury happened on someone else’s property does not mean that you have a valid premises liability claim. Instead, you’ll need medical records, photographs and other evidence to support your claim. You must prove:
- That a dangerous condition was present; and,
- That the hazard was either created, known, or should have been known by the property owner or his employees.
Be prepared for property owners and the insurance company to deny your claims altogether. Common defense strategies might assert there was no hazardous condition or, if there was, the property owner didn’t create it or didn’t know about it. They will shift the blame to you, arguing that you were negligent and caused your own fall-down injuries.
Tips to Prove Your Slip and Fall Injury/Premises Liability Case
Lawyers like evidence. It is important for you to provide your New York attorney with as many details as possible regarding your fall-down accident and injuries. Scott C. Gottlieb recommends taking the following steps if you have fallen or been injured on someone else’s property:
- Seek medical treatment immediately;
- Collect names, addresses and phone numbers from any witnesses, if possible;
- Follow all of your doctor’s orders for treatment of your fall-down injuries;
- Retain copies of all medical bills (even those paid by insurance) and off-work slips;
- Keep a journal of your medical treatment and pain and suffering caused by the accident;
- Take photos of the hazardous condition that cause your fall, if possible;
- Keep all stained, soiled or torn clothing and footwear that you wore at the time of the accident (and do not wear them again);
- If you were injured on a business property, try to get an incident report. The business probably will not cooperate, but it can help your case if you can provide our office with every bit of relevant information you have.
Call a New York Property Injury Lawyer Today
New York property accident cases can be legally complex, but they can also provide necessary monetary relief for victims who suffered a preventable personal injury on someone else’s property. Scott C. Gottlieb, Injury Law Attorney, will help you get the results you deserve. Our Binghamton accident lawyer can also help you with other legal problems that arise while your case is pending.
Call our 24-hour answering service at (607) 724-7700 or contact us via our online contact form for a free case review.