“Slip and fall” is a general term used to describe a situation where a person has a fall on property that is not their own. The scenario can become difficult because fault it not as simple to establish as it is for other types of accident cases like auto collisions. The owner of the premises must have sufficient safe guards in place to protect those present from an unsafe environment, like wet floors or obstacles on the floor. A lawyer trained in personal injury law will follow certain steps to help establish fault and reach a conclusion so damages payments can be retrieved.
Establishing liability:
The first step is to know and understand the story of what happened. This can be challenging because falls happens very quickly and the contributing factors may not always be known. But knowing the reason for the fall is perhaps the most important of the details. Some common scenarios are spills on the floor, equipment left in unsafe places, or steps that are not easily identifiable. These are examples where the defendant can be easily held liable because the fault of the fall is on this unsafe condition, and it is the defendant’s responsibility to keep a safe environment.
Not every “slip & fall” accident is the defendant’s fault though, situations where you fall because of your own clothes, shoelaces or inability to stay focused then the liability is likely on yourself. It can become tricky when it is a combination of both factors, for example, your shoe laces are untied and there is a slippery floor. Finally, many slip and fall accidents today are fake or staged. Sadly, there is a new trend of personal injury fraud going around the united states.
Damages:
Damages are payments received as a result of the injury and its affect on your daily routine. For example, damages can include simply the cost of the medical treatment. But, If the injury caused you to stay out of work. Then the loss of salary is included in damages as well. The goal of damages is to help create a more equitable system, so people don’t suffer at the fault of others. Understanding what damages have been suffered is also not so clear cut and an experienced attorney can assist in determining how you were affected.
Actions to take:
There are some precautionary steps to take at the scene of the accident that can help benefit your injury or accident case or at a minimum not hurt your case. First is to be aware of the environment, and what was the cause of the fall, pictures can be taken for proof of the unsafe environment for use later. Speaking to a witness or documenting their version is very useful as well. The manager or owner of the property should be identified, and any unnecessary comments or blame shouldn’t be made until you have proper representation.
These steps can and should be taken to help increase your chances of winning a case involving personal injury.
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Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 mrinjurylawyerny.com
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