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Victims of slip and fall accidents have the right to file a personal injury lawsuit against the at-fault party. But the question then arises: who is responsible for the victim’s injuries? The answer is not always clear, but the victim has the obligation of identifying who is at fault.
Slip and fall liability begins with finding out who caused the accident and then working to hold them accountable. With the right law firm by your side, you can make the strongest case for the compensation you deserve. Turn to the Garden City personal injury attorneys of The Saul Law Firm.
Who Is Responsible For My Injuries?
Nearly any individual or business who owns or occupies the place in which the slip and fall occurred can potentially be held liable. However, since many parties are typically involved with ownership and operation of a property, the identity of the at-fault party is sometimes unclear. These are some possible examples of who could be responsible:
- Property owner: The business, individual, or other entity that owns the commercial or residential property or has an ownership interest in it.
- Property management company: This business may have agreed to be responsible for conditions on the property that caused the accident.
- Commercial tenant: Any business that is leasing the space could also have agreed, as part of their lease agreement, to keep the premises safe.
- Residential property owner: If a slip and fall occurs on residential property, the victim can name this person as a defendant.
Your Garden City personal injury attorney will investigate property records, lease agreements, insurance policies, and other documents to determine who can be held liable for your injuries. There may be more than one responsible party, which can help increase the amount of your compensation.
How Do I Hold the At-Fault Party Responsible?
New York has a legal doctrine known as premises liability which holds that property owners, occupants, and others must take reasonable steps to keep their property free of hazardous conditions. They are responsible for avoiding these common causes of slips and falls:
- Icy and snowy sidewalks and parking lots
- Cracked, uneven, and damaged sidewalks
- Slick, wet, and waxy floors inside restaurants, hotels, and retail establishments
- Broken, uneven, and otherwise dangerous stairs and steps
- Clutter and debris that impedes movement or presents a trip hazard
- Wiring and cords that are not taped down or otherwise secured to the floor
- Bunched up or uneven carpeting and floormats
- Poor lighting
- Sinkholes and other hazards in someone’s yard
Property owners, occupiers, and other responsible parties in Garden City are required to remedy these and other hazards. If the responsible party cannot immediately clear the hazard, they should at least take reasonable steps to prevent an accident. This may include roping off the area and placing a warning sign.
The responsible party will need to compensate the victim for their injuries and financial losses. Usually this means an insurance company steps in, since most owners and occupiers have premises liability insurance. The insurer could be responsible for the victim’s medical bills, lost wages, and more.
What Should I Do After a Slip and Fall?
The steps you take immediately after suffering a slip and fall accident will determine your ability to claim compensation. There are some important things you can do to gather evidence and preserve your rights. To make a case for slip and fall liability, we suggest you do the following:
- Call 911 if you need medical assistance, but see a doctor regardless
- Follow all doctor recommendations and see any specialists to whom you are referred
- Take pictures and record videos of the accident scene and your injuries
- Find out anything you can about who is responsible for the property
- Get the names and contact information of any witnesses to the slip and fall
- Preserve your clothing (do not wash it) and any other physical evidence of the accident
- Make personal notes about the details of the accident, your injuries, and their effect on your life
- Do not apologize or admit blame, and do not sign anything from an insurance company or owner
- Contact a Garden City premises liability attorney before speaking with any insurance companies or property owners or occupiers
Hurt in a Slip and Fall Accident? We Can Help
By taking early action, you can determine who was responsible for your injuries and get legal assistance with claiming monetary damages for your losses. The Saul Law Firm is here to advocate for you. Contact our Garden City office today to get started.