When a known hazard causes a slip and fall injury, New York State law allows the victim to file for compensation from the property owner or occupier. Under these laws, those who own property have a duty to keep that property safe. Visitors should not face unreasonable risks while visiting a friend or family member’s home, a store, a restaurant, or another location. If they do and suffer injuries because of that risk, they can hold the property owner financially responsible for the medical bills, lost wages, pain and suffering, and other losses.
A slip and fall lawyer in Bayport, Long Island has the resources to recover the compensation you deserve after an accident. Call Gacovino, Lake & Associates, P.C today at 631-600-0000 to schedule your free case evaluation.
What Types of Damages Can We Recover in a Slip and Fall Case?
You can recover compensation for almost any fall-related cost, as long as we know about it and can link it to your injuries. Also, we will fight for a fair amount of pain and suffering damages based on the facts of your injuries and recovery.
Some of the most common damages we recover for clients in a personal injury case include:
- Medical costs
- Rehabilitation or physical therapy expenses
- Lost wages
- Ongoing care costs, if necessary
- Pain and suffering, and other emotional losses
Some of the most unusual damages we request stem from our ability to recover money to reimburse out-of-pocket expenses. This could include a variety of fall-related costs. Some past examples include:
- Parking for office visits
- The cost of a cab to the doctor if you cannot drive
- Repair or replacement of a smartphone damaged in the fall
- Other property damage that occurred during the fall
How Can We Prove a Slip and Fall Claim?
To win your slip and fall claim and recover the compensation you need to pay your medical bills and cover your other losses, we must present a strong case on your behalf. This case must include strong evidence that proves how the property owner caused your fall, the injuries you suffered, and your damages. Often, this evidence includes:
Eyewitness Testimony
Often, the testimony of others who saw your fall is central to proving your claim. We will identify any potential witnesses and interview them to learn what happened from their point of view. We will also obtain video of the accident, if available
Police Report
If police and emergency medical personnel responded to your fall, they likely filed reports about your accident and injuries. We will obtain copies of these reports, and analyze them to see how we can use them to support your case.
Incident Report
If your fall occurred at a business, the manager on duty or another employee likely completed an incident report that detailed the facts of the accident from their point of view. We can request a copy of this report, and see if it gives any information about a spill, leak, or other situation that supports our claim.
Medical Records
Your medical records and the treatment you receive from your doctor play a key role in proving your fall injuries. We will request copies of your relevant medical records, as well as compiling all medical bills, receipts, and other documentation of your damages.
What Laws Apply to a Slip and Fall Case?
New York State’s premises liability laws outline the responsibilities of property owners when it comes to protecting visitors from injuries caused by hazards on their property. These differ somewhat between commercial properties and private properties such as homes.
Commercial Properties
Commercial property owners, or the occupiers who lease the property, must keep their business in a reasonably safe condition for their customers. This includes stores, restaurants, and service providers. Owners or managers need to regularly check the entire area the public has access to, ensuring there are not any potential hazards.
If they do discover any hazards, they need to act immediately to remedy them or warn customers about the risk. They must remove any hazard or post clear notification about the hazard. If they fail to do so, they could face a lawsuit and the court will likely hold them accountable for any injuries that occurred.
Private Properties
The duties of private property owners have similar obligations as business owners and managers. The must take reasonable action to keep their guests safe and remove any hazards they identify as soon as possible. Also, they must protect visitors who come by for their benefit, even if they do not notify the homeowner they are coming. Homeowners do not have a duty to warn trespassers of any fall risks.
What Types of Falls May Occur Because of Negligence?
Falls can occur in a wide variety of ways, and we can link many of them to the negligence of the property owner. Some of the most common fall hazards that lead to personal injury claims include:
- Slip Hazards: Spills or leaks, or tracked rain or snow in limited cases
- Trip Hazards: Rolled rugs, ramps, items in the walkway, and cracks in tile or pavement
- Poor Lighting: Dark stairs, burned out bulbs, or uneven floors in poorly lit areas
- Improper Maintenance: Potholes, ripped carpets, broken tiles, or cracked sidewalks
- Unmarked Hazards: Step ups, step downs, curbs, stairs, uneven floors, or other permanent or temporary hazards without warning signage or other markings
If you suffered a fall because of any of these hazards, you might have a valid personal injury claim against the property owner or operator. We can help you analyze your situation and understand the strength of your case.
How Can I Discuss My Case with a Slip and Fall Lawyer in Bayport, Long Island?
At Gacovino, Lake & Associates, P.C., our slip and fall lawyers are ready to go to work for you. We can file a claim on your behalf, and help you recover the compensation you deserve. Call our office today at 631-600-0000 to schedule your free case evaluation.
