An injury from slipping and falling down probably conjures up thoughts of superficial injuries like minor scrapes or swelling, which might at most need a band-aid or a cold compress to treat. However, the reality is that slip and fall injuries can be extremely damaging. You could end up with long-lasting problems like loss of range of motion or permanent cognitive issues from a slip and fall injury.
If you were hurt slipping and falling down near Ossining, our lawyers are ready to help out. We can collect evidence, interview important parties like witnesses and property owners, and create a strong argument to take to court so you have the best chance of getting compensation for your injuries.
Call our slip and fall injury lawyers with The Martello Law Firm, PLLC, at (914) 685-6950 for a free case review.
Suing the Right Party in an Ossining, NY Slip and Fall Lawsuit
It is important in any lawsuit to file against the correct defendant. You can only recover damages from people or entities that injured you, so if you file against a party that is not liable for your injuries, you will not be successful in court.
In a slip and fall accident lawsuit, you will likely have to prove that the defendant was the property owner of the location where you slipped and fell. Usually, this can be accomplished by putting a deed of ownership or other document into evidence. An effective tactic at trial is to have the property owner read their own deed and state out loud that they own the property, removing any doubt from the jury that the defendant is the exact person that should be held accountable for your injuries.
Proving property ownership can get more complicated when the “owner” who is there at the premises is not actually the owner. For example, if you slip and fall in someone’s apartment building, the person who rents and lives in the apart is not the property owner, the landlord is.
To make sure that you file a lawsuit against the correct person or entity, our lawyers can search relevant databases to find out the property owner of the place where you slipped and fell. This could be a business owner, landlord, homeowner, or other entity.
Causes of Slip and Fall Accidents in Ossining, NY
The classic cause of a slip and fall injury is a wet or slippery floor. Wet floors are common in supermarkets, restaurants, bars, or possibly even an office space. You might think of suing for falling on a wet floor as an overreaction, but the reality is that a sudden fall onto a hard surface can seriously injure you. You could suffer severe bruising, broken bones, or permanent nerve damage in more extreme cases.
Slip and fall accidents can happen at work, too. This is especially true for people who work in construction injuries. Slipping and falling is one of only a myriad of possible ways to get injured at a construction site. If, for example, the scaffolding you are standing on is not properly assembled and it collapses underneath your feet, you could get seriously injured, perhaps to the point where you can no longer do construction work.
Warehouses are another common location for slip and fall injuries. If someone left debris or packages strewn about the ground, someone could easily be focused on another activity and not see dangerous obstacles in their way.
Things to Prove in a Slip and Fall Accident Lawsuit in Ossining, NY
There are some key things in any slip and fall lawsuit that you will need to prove in court to be successful. How you prove those things will be dependent on the fact of your case, so our lawyers will create an argument strategy that works for your situation and refine it throughout the legal process.
Lawful Presence
One very important thing to establish is that you were allowed to be where you were when you fell down. In law, this is known as being “lawfully present.” In the past, the law divided people into three categories – invitee, licensee, and trespasser – based on their relationship to the premises. Current New York law has done away with this complicated categorization and breaks people down into those allowed to be on the property and those not allowed to be on the property. If you were not allowed to be on the property, there is less of a chance that you will be able to recover damages.
Persons that might be able to recover damages from a property owner if they slip and fall include invited guests, customers, or people delivering packages. Someone not allowed to be on the premises, like a teenager sneaking across the backyard at night, might not be able to recover damages if they slip and fall because they were trespassing.
Dangerous Conditions
G.O.B. Law § 9-103(2) makes it so that liability for property owners is not limited if they willfully or maliciously do not “guard” or “warn” of dangerous conditions on their property. For example, if a property owner knew they had old, rickety steps that could break under someone’s feet, the property owner might be liable if someone gets hurt if there is no sign or other warning indicating the poor condition of the stairs.
One straightforward way to get proof of dangerous, unmarked conditions is to take a picture or video of it. If you can, you should get photo evidence as soon as possible. Frequently, property owners will take remedial steps to fix the thing that injured you after your accident, so there is a chance that if you come back later to get evidence, the problem might not be there.
Our Slip and Fall Accident Lawyers Are Ready to Help
Talk about your case with our slip and fall accident lawyers from The Martello Law Firm, PLLC, at (914) 685-6950.
