A slip and fall accident might not seem like a big deal. Yet falling can cause serious injuries. In more extreme cases, a slip and fall might even lead to fatal injuries.
If you are hurt in a Long Island slip and fall, you will need to collect evidence to prove that the property owner was somehow negligent. Photos and videos of the accident scene, witness statements, and incident reports can all be incredibly useful to show that a dangerous condition existed and that the property owner did not fix it or warn you about it. Our Long Island slip and fall attorneys can help you get maximum compensation for your losses.
The Odierno Law Firm Accident and Injury Lawyers fight for the rights of accident victims in Suffolk and Nassau Counties. Based in Melville, we offer experienced legal representation for clients who have been hurt due to a property owner’s negligence. Reach out to our law offices today to schedule a free consultation with a Long Island premises liability lawyer.
Understanding Liability for a New York Slip and Fall Case
If you get hurt on someone else’s property, you might be able to pursue legal action against them. However, a property owner will only be liable for your injuries if you can prove that they were at fault for your fall. In the majority of cases, this requires proof that the property owner was negligent in some way.
Negligence is a legal standard that is usually defined as the failure to use the level of care that a reasonable person would use in a similar situation. Another way to look at it is carelessness. For example, in a car accident case, if someone caused a crash after merging onto the highway without looking, they would be considered negligent.
In premises liability cases, liability for negligence is a bit different. To prove a case, you will have to show the following:
- You were lawfully on the property.
- There was an unsafe condition on the property.
- The owner knew or should have known about this dangerous condition and either failed to fix it or warn others about it.
- You were hurt because of the unsafe condition.
- You suffered damages (losses) as a result.
In slip and fall cases, one of the first things that you have to prove is that you had a right to be on the property. Your status will then define what duty the property owner has towards you. There are three types of visitors to a property under New York premises liability law:
- Invitees enter a person’s property for a reason that is to the property owner’s benefit. This could include a customer at a store, a contractor hired to do work at someone’s house, or a guest at a restaurant. Property owners owe the highest duty of care to invitees. They must regularly inspect the premises, fix any dangerous conditions, and provide warnings about hazards. For example, a store owner should regularly check to make sure that the floors are clean, dry, and free of debris to reduce the risk of falls.
- Licensees come onto a property with the owner’s permission for their own purpose or benefit. Social guests are an example of a licensee. Property owners have a lower duty of care when it comes to licensees. They are still required to maintain their property in a reasonably safe condition and either fix problems or warn licensees of them. They are not under the same obligation to inspect the premises frequently to check for hazards. For example, if a property owner knows that there is a loose railing on their porch and someone gets hurt, they could be liable because they didn’t fix it or warn anyone about it. If they didn’t know about it, then they might not be responsible for the person’s injuries.
- Trespassers are people who enter property without permission to do so. Property owners have the lowest duty of care to trespassers. They are not required to maintain their property in a safe condition for people who are unlawfully on the premises. However, if a property owner knows that a person is trespassing (such as cutting across their yard as a shortcut), then they may have a higher duty to keep the property in a safe condition. In addition, if the property owner has an “attractive nuisance” (something that is dangerous and also enticing to children, like a pool), then they have a higher duty to protect trespassing children from harm.
If you were legally on the property, you would still have to demonstrate that the property owner either knew or should have known about a dangerous condition and did not fix it or warn anyone about it. For example, consider a situation where a person fell on an icy sidewalk outside of a restaurant. If the property owner knew about the condition (or should have known), then they could be held liable for the person’s injuries. But if the ice storm came on suddenly and the person fell before the restaurant owner could salt the sidewalk, then they might not be liable for their injuries.
In a personal injury lawsuit, the injured party (plaintiff) has the burden of proving that the other party (defendant) was somehow responsible for their injuries. Our Long Island slip and fall attorneys will help you gather the necessary evidence to prove each element of your claim. Contact our law firm today to schedule a no-cost, no-obligation consultation with a member of our legal team.
Essential Evidence to Prove a Long Island Slip and Fall Claim
As described in greater detail above, a plaintiff in a Long Island slip and fall case has to prove several key things in order to recover financial compensation against a property owner. We can break down the necessary evidence into a few categories.
First, you will have to show that you were legally on the property. This is usually pretty easy to prove with evidence that you went into a business to make a purchase or were invited to a friend’s house for dinner. If you were trespassing when you were hurt, our Long Island slip and fall lawyers may interview witnesses to prove that the property owner knew that you were on the premises. For example, neighbors might note that everyone cut across part of that yard to get to the main street and that the property owner would complain about how they had worn a path in his grass.
Second, you will have to show that there was an unsafe condition on the property. Just falling on someone else’s property isn’t enough – you had to have fallen because of some type of danger. This may include:
- Snowy, icy, wet, or slushy sidewalks;
- Uneven surfaces;
- Loose rocks or gravel on a walkway;
- Unsecured or frayed carpets or rugs;
- Spills on the floor;
- Aisles or walkways blocked by debris or product displays;
- Stair risers that are uneven or have larger or smaller risers than typically required by code;
- Inadequate lighting; and
- Missing or broken railings or handrails.
If you are able to do so, try to take pictures or videos of where you fell. This can help to prove what the conditions were at the time of your accident. In many situations, the property owner will clean up or fix the issue after someone is hurt, which can essentially erase evidence of the problem.
Third, you must demonstrate that the property owner knew or should have known of the danger. This can include evidence such as:
- Prior incident reports and complaints;
- Inspection reports;
- Maintenance records;
- Photos and videos of the area;
- Witness statements;
- Emails, texts, and other communications between the property owner, employees, and others; and
- Expert witness testimony.
It can be harder to prove constructive knowledge (i.e., that the property owner should have known of the hazardous condition) than actual knowledge. Generally, evidence that the condition had been there for a long time is helpful to show that the property owner should have known about it. For example, if a railing had been broken for months at the main entrance to a building, then it would be difficult for the property owner to argue that they couldn’t have known about it.
Fourth, you will need to introduce evidence that the property owner either failed to fix the condition or warn people about it. This can often be demonstrated through the same evidence used to show that the dangerous condition existed. For example, if you fell on a wet floor at a store, a video from security cameras will likely show that there were no warning signs and that no employees attempted to dry or cordon off the area.
Of course, not every fall happens at a place with video cameras. Again, it is incredibly helpful to take photos and videos of the accident scene immediately after you fall if you can do so. It is hard to argue with this type of contemporaneous evidence that will show that the unsafe condition existed and that there was nothing to warn you about it.
Our law firm is adept at helping our clients navigate this process. We will work to gather evidence by interviewing witnesses, requesting surveillance photos and videos, seeking out incident reports, and analyzing your medical records. Our ultimate goal is to help you get maximum compensation for your injuries.
Help for Long Island Slip and Fall Victims
Proving negligence in a slip and fall case is often more challenging than proving that another driver rear-ended your car. Not only do you have to show that a dangerous condition existed, but you also must show that the property owner knew (or should have known) about it and didn’t fix it or warn you about it. Our skilled legal team will help you collect the essential evidence to prove your negligence claim.
At The Odierno Law Firm Accident and Injury Lawyers, we help our clients get justice for injuries suffered in slips and falls and other types of cases. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island slip and fall attorney, give our law firm a call at 631-973-6221 or fill out our online contact form.