Do I Have A Case To Take To A New York Slip And Fall Lawyer?

If you have been injured in a fall on someone else’s property, New York law may entitle you to compensation if your accident was caused by negligent maintenance or failure to correct or warn about a hazard. It is essential to understand whether your accident gives rise to a fall injury case, as you must take action to obtain compensation for your losses.

Determining whether you have a valid fall case requires an investigation into the circumstances surrounding the accident, as well as an understanding of negligence laws in New York.

At slip and fall lawyers NYC at David Resnick & Associates, P.C., our attorneys have years of experience and the legal knowledge necessary to help you pursue a claim. Our attorneys can answer questions such as:

Do you have a claim for a slip and fall?

Who do you have a claim against?

What can you expect when you make a slip and fall injury claim?

Elements Of A Successful Fall Claim In New York City

To make a successful claim for a fall accident, the claimant has the burden of proving:

The defendant was negligent or failed to live up to a basic obligation to ensure safe conditions on his or her property.

The defendant’s negligence was the direct cause of the fall.

The fall caused your injuries, and you suffered losses because of them.

It is important to review the circumstances of the fall. If the property owner’s negligence was a cause of your fall injuries and you can prove it, then you may have a claim.

The property owner’s negligence is determined by an assessment of whether the owner fell short of the duties owed to guests. Property owners who invite guests to commercial spaces (such as stores and restaurants) have an obligation to inspect their properties regularly and either correct dangerous conditions or warn patrons of them.

Property owners who invite casual guests such as friends and neighbors into their homes also have an obligation to warn of dangers or correct them. However, they do not need to inspect their premises.

To make a claim, you will need some proof that the defendant failed to live up to these obligations. The evidence could include such things as maintenance records, photos showing dangerous conditions or witness testimony about hazards.

A NYC personal injury attorney can also tap into a network of expert witnesses who can explain to a jury how the fall was the result of the defendant’s negligence.

Examples of Potential Defendants in Fall Cases

You may make a claim against a property owner whose negligence caused your fall. Other situations include:

If an individual or business was renting a property and assumed the control and responsibility for that property, you may have a claim against the renter if that party’s negligence caused the fall.

If the injury occurred in an apartment, your claim may be against the landlord if the injury happened in common spaces. Your claim may be against the tenant if your injury occurred because of unsafe conditions the renter created within the apartment.

Injuries on public property, such as on dangerous sidewalks, can also give rise to a claim against the government entity responsible for maintenance. However, suing the government is more challenging because of limited governmental immunity protections.

An attorney in New York City who focuses on premise liability cases like can assist in determining who you might have a claim against.

What to Expect When Making a Slip and Fall Claim

When you contact a slip and fall attorney in New York to make your claim, you must prove liability by a preponderance of the evidence. If you present sufficient evidence the defendant is liable, you may be awarded compensation in a jury trial.

Many slip and fall cases are resolved out of court, which means a negotiated settlement is reached between the defendant (or insurance company) and the victim. The settlement should provide full and fair compensation. You should not accept a settlement or sign paperwork until an attorney has reviewed the documents to ensure you are being adequately compensated for all your losses.

Whether you settle a case or pursue it in court, David Resnick & Associates, P.C., can help every step of the way.

Filing a Slip and Fall Accident Lawsuit in New York City

Filing a lawsuit may be necessary to obtain compensation when a property owner causes fall injuries by negligently failing to maintain a property.

To file a claim in New York, you must submit your claim to the appropriate court. This is something often handled by your slip and fall lawyer in New York.

It is essential to state the facts of what occurred and to provide legal grounds for your claim. In a slip and fall case, you must assert that you suffered fall injuries because the property owner, renter or other responsible party unreasonably failed to correct hazardous conditions or failed to warn about them.

You must be able to prove the allegations made in your complaint when your case goes to court. If you have insufficient evidence of any aspects of your slip and fall claim, the defendant could get the case dismissed or prevail and be found not liable in a civil trial.

Begin gathering evidence as soon as possible after your fall, including medical records, witness statements and photos from the area where the accident took place.