Personal Injury Law, being multifaceted, also covers slip and fall. There is a slip and fall accident when, for a reason, someone slips and falls, and incur injury as its effect.
Slip and Fall is a ground for awarding compensation. In fact, it is one of the most common causes of injury as it may occur literally everywhere – at home, in the mall, at the road, or even at school, and can happen to anybody. Injuries of Slip and Fall include broken bones, bruises, head trauma and others. Indubitably, Slip and Fall may turn one’s life to slow down or even upside down depending on the severity of the effect. While the occurrence of slip and fall is unpredictable, it can still be prevented with proper diligence.
Causes of slip and Fall Accidents
Causes may be due to negligence of the owner of premises, or in failure to inform potential risks and danger. This causes may be manifested on the following:
- Lack of warning/ signage. Warning signs are required where there are visible risks and dangers. For example, there shall be a clear warning placed in a conspicuous area when the floor is wet.
- Improper maintenance. Establishments shall ensure that their building is safe from leaks. Even in the acts of God, leaks may still be prevented should a proper inspection and preparation is performed.
- Lack of supportive devices. Supportive devices should be placed where needed. In the comfort room for the elderly and persons with special needs, for example, supportive devices like handle bars shall be placed to assist them.
- Insufficient lighting. Light coexists with sight. Therefore, for one to avoid slip and fall injury, the injury must be visible by sight.
Compensation for Slip and Fall Damage
Damages due to Slip and Fall, whether economic or non-economic, are by law, generally compensable. However, for one to successfully claim, the following requisites must be proved:
- Duty of the owner to maintain the premises;
- Breach of duty by the owner;
- Injury was incurred by the plaintiff; and
- The injury was due to the breach committed by the property owner.
Failure to prove the above mentioned may cause the dismissal of the suit on the ground of failure to state cause of action.
Also, worthy of mention that there is a statute of limitations for lawsuits for slip and fall. Suits arising from slip and fall are required to be filed within three years from its occurrence. Failure to timely file may be construed as a waiver of right, which bars forever the cause of action.
Additionally, negotiating with insurance providers, who by their nature are meticulous and skeptic, can be painstaking. Therefore, in doing the aforementioned, the assistance of a New York Personal Injury Lawyer may be required in order for the claim to be strengthened and presented competently.
Have the Justice You Deserve
Injuries would have been avoided if only the erring party was not negligent, and acted with due care, Therefore, it is proper that the costs for your treatment and the losses you suffered be sufficiently and equitably compensated. At OMNI Injury & Accident Law, P.C., we bring justice through expertise and competence of our experienced lawyers. We value you because we care. Get in touch with the Competent New York Personal Injury Lawyers at 646-503-0404.
