The Unspoken Laws of Slip and Fall Accident Cases: What to Do After Accident

Introduction

If you’re like most people, the first thing you do after a slip and fall accident is to rest and try and get back to 100%. Unfortunately, in the hours and days after an accident, many people make costly mistakes that can impact their ability to file a successful liability claim.

We will outline some of the most common slip-and-fall mistakes and provide tips on how to avoid them. We’ll also provide information on what to do after a fall, including how to contact an attorney and what to bring to your initial consultation.

What Liability Does a Slip and Fall Accident Have in Different Cities in America?

The slip and fall liability laws vary from state to state and even city to city. In some municipalities, the municipality can be held liable for a slip-and-fall accident on the street. For example, the municipality could be held liable if a pothole in the street led to someone falling and getting injured.

Property owners are liable for slips and falls on their property. This includes business owners, homeowners, and landlords. Filing a premises liability claim is important if you are injured in a slip-and-fall accident on private property. This will help prove the accident was not your fault.

However, it is tricky, cause New York City shifted a lot of trip and fall accidents to the property downer via a sidewalk law with many, many exceptions. Most New York City lawyers end up suing both New York City or one of its many agencies plus the property owner not to miss a statute of limitations.

What Types of Lawyers Specialize in Slip and Fall Accident Cases?

When it comes to slip-and-fall cases, you may wonder if you need a personal injury lawyer or a premises liability lawyer. The short answer is both.

Personal injury lawyers specialize in representing clients who have been injured in an accident. This could be a car accident, a dog bite, or, as we’re discussing, a slip and fall. Their job is to get the best possible outcome in your case, whether negotiating a settlement or taking the case to trial.

Premises liability lawyers are specific types of personal injury lawyers who focus on accidents on someone else’s property. This could be a business, like a restaurant, grocery store, or someone’s home. The premises liability lawyer’s job is to hold the property owner accountable for their negligence and get you the compensation you deserve.

What Types of Damages Are Available to Claim in a Slip and Fall Injury Lawsuit?

Two types of damages can be claimed in a slip and fall injury lawsuit: special and general damages.

Special damages are economic losses that can be easily measured, such as medical expenses, lost wages, and the cost of repairing or replacing damaged property. General damages are non-economic losses that are more difficult to quantify, such as pain and suffering, mental anguish, and emotional distress.

In some cases, punitive damages may also be awarded if the defendant is found to have been grossly negligent or has intentionally caused harm to the plaintiff.

What an Attorney Will Look at on a Slip and Fall Accident Claim

Contacting an expert premises liability lawyer who can assist you navigate the process and ensure your rights are protected is one of the most important things you can do.

But what will your attorney be looking at when evaluating your case? Here are some of the key factors:

• – The condition of the property where the accident occurred: Was it well-maintained? Were there any obvious hazards?
• – The property owner’s liability: Did they have a duty to maintain the property safely? Did they breach that duty?
• – Your injuries: How severe are they? Will you require extensive medical treatment?
• – Your losses: Have you incurred any financial losses due to the accident, such as medical bills or lost wages?

These are just some things your attorney will consider when evaluating your slip and fall liability claim.

How to Prove Negligence After a Slip and Fall Accident?

There are a few key things you need to show to prove negligence on the part of the property owner or occupant:

1. It would help if you showed that the property owner or occupant owed you a duty of care.
2. It would help if you showed that the property owner or occupant was negligent in their duty of care.
3. It would help if you showed that the property owner is liable for the unsafe condition that caused your slip and fall accident.

Let’s break these down a bit further. The duty of care is the legal obligation of the property owner or occupant to keep their premises safe for visitors. They must take reasonable measures to prevent foreseeable accidents, such as fixing broken stairs or mopping spills.

If the property owner or occupant fails to take reasonable measures to prevent foreseeable accidents, they are considered negligent. And if you can prove that their negligence led to your accident, you can hold them liable for your injuries.

You’ll need to gather evidence of the unsafe condition that caused your accident and any medical bills or other damages you’ve incurred. If you have any eyewitnesses, be sure to get their contact information. Once you have all this information, you can start building your case and seeking compensation for your injuries.

Common Defenses Used Against a Slip and Fall Accident Cases

A few common defenses are used against a slip-and-fall lawsuit. The first is that the property owner is not responsible for the conditions that caused the accident. This is known as the “no duty” defense.

The second defense is that the plaintiff is in Comparative Fault Doctrine, which attempts to place blame on the plaintiff for the accident. This is also known as the “contributory negligence” defense.

The third defense is that the condition that caused the accident was open and obvious; therefore, the plaintiff should have been aware of it. The “open and obvious doctrine” defense is a common defense.

What injuries would you sustain in a slip and fall accident?

Your arms, legs, hips, and ribs are vulnerable. You could break bones in a slip-and-fall accident. You could also strain or tear muscles and ligaments.

In other words, a slip and fall accident has the potential to cause some serious injuries—injuries that could have a long-term impact on your life. That’s why it’s so important to know what to do if you find yourself in this situation.

Conclusion

What should you do if you slip and fall? If medical attention is required, the first step is to seek it. After that, contact an expert personal injury lawyer. The lawyer will help you navigate the legal system and collect the money.