Even if you aren’t particularly clumsy, you have probably taken a spill at some point in your life. Sometimes, these falls are just down to bad luck or not watching where you are going. In other cases, slips and falls are caused by negligence, such as a wet floor.
When a floor is wet, the potential for a fall increases significantly, given the slickness of the surface. If you are hurt in a fall on a wet floor, you might be able to file a premises liability lawsuit against the property owner. Through this type of personal injury claim, you can recover financial compensation for your injuries, including your medical bills and emotional distress.
At The Odierno Law Firm Accident and Injury Lawyers, we advocate for people who have been hurt in all types of accidents in Nassau, Suffolk, and Queens Counties. We offer free initial consultations to all prospective clients and handle cases on a contingency fee basis. Contact our law offices today to schedule an appointment with a Long Island slip and fall attorney.
Can You File a Lawsuit After a Fall on a Wet Floor
If you slip and fall on a wet floor, you might be able to file a lawsuit against the property owner. The key to a successful claim is proving that the property owner was responsible for your fall due to their carelessness.
Slip and fall cases are filed as premises liability lawsuits, a type of personal injury claim. Anyone who owns or occupies a property – including homeowners, businesses, government agencies, and tenants – can be liable if someone gets hurt on their property. To win a premises liability case, you will have to prove that the property owner was negligent in some way.
This typically requires that you introduce evidence of the following:
- You were lawfully on the premises (i.e., you were not trespassing).
- The property owner either knew or should have known about a hazardous condition (such as a wet floor).
- The property owner failed to either fix the danger or to warn you about it (such as through a “wet floor” sign).
- You were hurt because of the unsafe conditions.
- You suffered losses (known as damages).
Generally, trespassers can’t file a premises liability lawsuit against a property owner because the owner does not owe them a duty of care. While there are some exceptions to this rule, if you fall and get hurt on a wet floor while illegally on someone’s property, it will be a lot more difficult to file a lawsuit against them for your losses.
If you are legally on the property, however, you will likely be able to pursue a claim. For example, consider a situation where you stop at a store to pick up some household goods. The floors were recently mopped, and the employees hadn’t put up any signs yet – and you slip and fall on the slick surface. In this situation, the store knew – or should have known – about the hazardous wet floors and didn’t warn you about them. You could probably file a lawsuit against the store for your injuries.
Premises liability claims are usually handled by the property owner’s insurance company. If you fall at a business, their commercial liability policy should cover it. If you fall at someone’s house, their homeowner’s or renter’s insurance should cover your losses.
Of course, just because an insurance company should pay for a covered loss doesn’t mean that they will. Instead, many insurance companies do everything possible to pay out as little as they can on a claim (or deny it entirely!). This may include everything from claiming that you were partially at fault (a legal concept known as contributory negligence) to arguing that your injuries aren’t as serious as you claim.
Our experienced team of Long Island slip and fall lawyers won’t simply accept the insurance company’s denial or lowball settlement offer. Instead, we will fight to get you the compensation that you deserve for your injuries. This may include money for:
- Medical bills
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring
- Disfigurement
Falls on wet floors might not seem like a big deal – but they can cause serious, life-changing injuries. If you have been hurt by slipping and falling on a wet floor, we can help. Reach out today to schedule a free consultation with a Long Island premises liability lawyer.
What You Should Do If Hurt By Falling on a Wet Floor
If you fall on a wet floor, the most important thing that you should do is to seek medical attention as soon as possible. This is particularly crucial if you hit your head, are concerned about a back injury, have any visible injuries, or are in pain. Getting medical care is important to make sure that you get the proper treatment. It is also a good way to document your injuries and connect them to the fall.
If you fell at a business or on government property, you should report the accident. You may be given an incident report. If not, ask to fill out an incident report to document what happened.
While you are still on the scene, take pictures and videos of the area if you are able to do so. This can often be important evidence in a premises liability case. For example, a picture or video might capture the liquid on the floor and potentially the lack of any signs warning you that the surface is wet.
If people are around, you can also ask for their name and contact information. These witness statements can also be proof of your claim. If you see any video cameras nearby, you might want to make note of the location(s). Your lawyer can later request copies of any videos to demonstrate what happened.
When you can do so, the final step should be to contact a Long Island slip and fall lawyer. They will protect your rights throughout the process, taking on the big insurance company for you to get you the money that you deserve for your losses. We know how to handle these cases so that our clients’ rights are protected and they get a fair settlement for their losses. When necessary, we will take your case to trial to help you get maximum compensation.
Injuries Caused By Wet Floors
Wet floors are a much bigger hazard than many people might assume. Water, grease, and other contaminants on floors and walkways are a major safety risk. When a person takes a step, they don’t expect their foot to slide. When the floor is slippery, it can lead to an unexpected fall and serious injuries.
While some falls are relatively minor, others can cause severe injuries. Our law firm has represented people who have been diagnosed with a range of injuries after falling on a wet floor, including:
- Broken bones/fractures
- Traumatic brain injuries (TBIs) and concussions
- Spinal cord injuries
- Soft tissue injuries
- Sprains and strains
- Cuts and bruises
If you have been hurt in a fall on a wet floor, you might be able to file a claim against the property owner. They are generally responsible for keeping their premises safe and free from hazards – which include wet, slippery floors. If they fail to do so, it could be the basis of a lawsuit.
Call The Odierno Law Firm Today for a Free Consultation
Wet floors are a bigger hazard than many people realize. When your feet slide out from under you, there is a strong possibility of getting seriously hurt when you land on the ground. If you were injured after falling on a wet floor, you might be able to file a personal injury claim against the property owner and their insurance company.
Based in Melville, The Odierno Law Firm Accident and Injury Lawyers represents people throughout Long Island who have been hurt in all types of accidents. We work hard to help our clients get maximum compensation for their injuries and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island premises liability attorney, call our law offices today at 631-973-6221 or fill out our online contact form.