Under New York State law, property owners have a responsibility to keep visitors safe from unreasonable risks. This includes known trip and slip hazards that can lead to serious fall injuries. This law covers not only individual residences and private properties, but also stores, restaurants, and government properties. If a property owner fails to remove or warn of a hazard and you suffer injuries because of it, you may be able to file a claim and hold them financially liable for your medical treatment, lost wages, pain and suffering, and other related losses.
A slip and fall lawyer in Patchogue, Long Island can help you understand your legal options for pursuing compensation for your damages. Call the attorneys at Gacovino, Lake & Associates, P.C. today at 631-600-0000 for a complimentary consultation.
What Do I Need to Know about New York State’s Premises Liability Laws?
The New York State premises liability laws allow us to hold a property owner responsible for injuries that occur because of known hazards. The owner’s responsibilities to keep visitors safe differ between commercial properties and residential dwellings.
In commercial properties, the liable party may be the owner of the building or the leave holder, sometimes called the occupier. They are under an obligation to ensure there are no unreasonable hazards in their stores, restaurants, or other buildings. This is especially true in areas the general public has access to. Managers must be on the lookout for spills, trip hazards, and other issues, and remove the hazard or warn customers of the risk until they can take other action.
Many people believe the rules are not as strict for private properties, but they are actually similar. Private property owners have to ensure their guests or visitors who come on their property do not face undue risks. If the owner knows about holes on the property, for example, they must mark them to warn guests. If a guest falls and breaks their ankle, the property owner might be liable. In most cases, private property owners do not need to warn adult trespassers of risks or protect them from fall hazards.
What Evidence Do We Need to Prove a Case Against the Property Owner?
We need to present a wealth of evidence to prove negligence in a slip and fall case. This evidence must show what caused your fall, which the property owner was or should have been aware of the hazard, the injuries you suffered, and the damages and losses you experienced because of your fall.
Some common types of evidence in these cases include:
- Eyewitness testimony of anyone who saw your fall or came to your aid
- Video of your fall, if available
- The police report, or reports from other first responders
- An incident report filed by the manager on duty or other employee about your fall
- Your medical records and other documentation of your injuries
- Medical bills, receipts, and other documentation of your losses
What Damages Are Available in a Slip and Fall Case?
If we can connect an expense or financial loss to your fall, we can often recover compensation for that loss. We will also use your economic damages to put a fair value on your pain and suffering as we pursue an equitable settlement with the property owner or their insurer.
Some of the most common damages we recover for our clients include:
- Medical bills
- Rehabilitation and physical therapy costs
- Current and future lost wages
- Ongoing care costs, if necessary
- Pain and suffering
In addition to these common damages, we can also ask for compensation to cover unusual damages, depending on the facts of your case. This includes almost any out-of-pocket expense. This could vary from parking fees for doctor’s visits to the cost of a cab to your appointments to replacement of personal property damaged in the fall. We can go over the details of your case and help you identify any related out-of-pocket costs.
What Fall Hazards May Support a Personal Injury Claim?
Falls occur in many different ways, and because of a variety of hazards. In many cases, we can link a trip or slip and fall to a particular hazard, and then prove negligence on the part of the property owner. Some of the most common hazards we see in cases we handle include:
- Slip hazards such as spills or leaks
- Rolled rugs, uneven surfaces, items in the walkway, and other trip hazards
- Poor lighting conditions
- Maintenance issues including potholes, ripped carpets, and broken tiles
- Unmarked steps, curbs, uneven floors or other permanent or long-term hazards
How Can I Talk to a Slip and Fall Lawyer in Patchogue, Long Island?
The attorneys from Gacovino, Lake & Associates, P.C. can help you with your slip and fall claim. Call us today at 631-600-0000 to make an appointment to talk to one of our slip and fall lawyers about your accident.
