An Honest Evaluation Of A New York City Slip And Fall Case

When you meet with a personal injury attorney, you will have the opportunity to describe your injuries. After hearing the details of your accident, the attorney will evaluate your case.

Negligence Law and Slip and Fall Accidents

Everyone must take reasonable precautions to avoid causing harm to others. This obligation applies when driving a vehicle, practising a profession, or hosting guests. If you fail to use reasonable care and someone is injured as a result, you could be sued for negligence.

Not all slip-and-fall incidents qualify for a personal injury claim. If your injuries were not the result of someone’s or a business’s negligence, you probably could not seek compensation.

New York requires proof of four elements to establish negligence:

The duty of care owed by property owners to invitees Guests include:

  • GuestssCustomerssClients
  • The general public (if the premises are open to the public)

This means that a New York property owner owes you a duty of care if you were legally on the premises.

Invitees do not include trespassers. If you unlawfully entered the premises, the duty of care does not apply to you. Similarly, the duty of care ceases to apply if the owner or occupant asks you to leave.

Depending on your location on the property, your status as an invited guest may change. A restaurant patron may be an invited guest in the dining room but an unauthorised guest in the kitchen or behind the bar.

A breach of duty occurs when the owner or occupier fails to exercise reasonable care, resulting in your injury.

A violation can occur when the owner or occupant fails to take reasonable steps to:

  • Find hazards
  • Investigate hazards’ warnings
  • Warn guests of dangers
  • Fix hazards

When the owner or occupier fails to exercise reasonable care, a violation has occurred. This means that some injuries will occur even if the owner or occupier took reasonable precautions.

If you slipped on a spilled drink immediately after another patron spilled it, the bar owner likely did not have sufficient time to detect and clean up the spill.

Depending on the location and nature of the hazard, the responsible party or parties will be determined. A store may be in violation if it fails to clean up a spill in the store. If a water pipe bursts and creates a frozen puddle in front of the store, the landlord may have violated the lease.

In both scenarios, you slipped and fell. However, depending on the specifics of the case, you may have a different defendant in mind.

The violation must result in your injuries. There are two elements to causation:

The breach is a cause-in-fact if it occurred in the chain of events leading to the injury.

For instance, a business caused your injury when it disregarded a customer’s warnings about its torn carpet, causing you to trip on it. However, if you slipped on a puddle in the bathroom, the company’s negligence regarding warnings about torn carpet would not constitute a cause-in-fact.

The breach must result in foreseeable damages. This does not imply that the owner or occupier must anticipate your particular injuries. Rather, it indicates that the breach must be of a nature that could predictably result in injuries.

A small crack in the sidewalk might have caused you to crash on your skateboard. Nevertheless, given the size of the crack, your injuries may not have been foreseen.

If you were injured, you are entitled to compensation for your medical expenses, lost wages, and diminished quality of life due to pain and suffering. Even a minor injury justifies damages, although the case’s value may not warrant a claim.

Factors in Evaluating a New York City Slip and Fall Case

When evaluating a premises liability case, a lawyer will first determine whether the property owner or occupier was negligent. If it is difficult to prove duty, breach, causation, or damages, the chances of winning the case and its value decrease.

Other factors that an attorney may consider include:

If you sustained minor injuries, you have the legal right to seek compensation. However, the effort and expense of pursuing compensation may not be worth the amount you recover.

In accordance with New York law, a judge is required to reduce an accident victim’s compensation by the amount of fault they bear for their injuries. If you contributed to your injuries, you could lose all or a portion of your compensation.

Imagine that a store allowed a puddle to form in the middle of its floor due to carelessness. You observed the puddle and attempted to leap over it. You fell backwards into the puddle and landed on your back and head.

A jury could reasonably assign you a portion of the blame. If the jury assigns you 25% of the blame, the judge can only award you 75% of the jury’s award for damages.

A lawyer will consider your possible contribution to your injuries when evaluating your case.

Hiring a Lawyer After an Honest Evaluation

Good personal injury attorneys provide honest and unbiased legal advice. Instead of seeking out anyone who is willing to represent you, you should take an honest assessment of your case to heart. You should adjust your expectations for your case and collaborate with your attorney to overcome its obstacles.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

Follow us on Instagram and Twitter for settlement updates

Leave a Comment

Your email address will not be published.

Scroll to Top