If you slip, trip or fall and sustain an injury while on someone’s property, the accident could be due to some defects within the property. As such, it’s the property owner or managing agent who could be liable and should compensate you. Likewise, it’s the property owner that may be held liable for your injuries sustained from a slip and fall within their property.
The element of such a case is pegged on your ability to determine or prove their liability. These cases are reported in thousands each year, and most of these cases are due to the negligence of property owners and managers. For example, it is their job to ensure no ice on sidewalks, clean and non-slippery floors, functioning staircases, etc. If they were aware of such hazards or defects but failed to make the necessary repairs, they can be held responsible for your serious slip and fall injuries.
Such accidents can occur anywhere, be it malls, grocery stores, and offices. If you sustained severe injuries in a shopping mall, the business should compensate you. If you were injured on a residential property, it’s the homeowner or their insurance that will be held liable. If it happens at the workplace, then you can be compensated under the worker’s compensation plan.
Determining Liability
Slip, fall, and other types of accidents caused by hazardous conditions on private or public properties are covered by premise liability laws. To determine if a property owner is indeed responsible for your injuries sustained from such a mishap on their property, the slip and fall lawyers in New York have provided several elements must be proved beyond doubt:
- The property owner or manager was aware of the prevailing dangerous conditions but failed to make the necessary repairs.
- The responsible parties should have been aware of the existing dangerous conditions and should have done a reasonable thing to prevent them
- The responsible parties deliberately caused the dangerous elements. For example, they were doing repairs without safety guidelines or safety equipment.
Liability for such cases is often determined by employing common sense. Typically, a judge or jury may consider if the responsible parties took the necessary steps to keep the premises safe regularly.
How Much Can You Receive In Compensation?
The amount of money you can receive as compensation depends on the total amount of your damages. These include your medical bills, lost income if you were incapacitated and missed work, lost earning capacity if the injury results in a disability that affects your productivity, and compensation for your pain and suffering.
To determine the total amount of your damages, you need to collect all your medical records and receipts and add them up to the time you lost not working. However, it’s not easy to determine the amount to compensate for your pain and suffering. This can often be resolved through negotiation.
Moreover, if your claim ends up in court as a lawsuit and you win, the jury will award you a specific amount for your pain. While each case is unique, the extent of your injuries may determine the degree of your pain and suffering and, ultimately, how much you can receive. However, you stand a better chance of winning by working with knowledgeable and experienced injury attorneys.
Conclusion
Slip and Fall accidents are the most underrated accidents, yet they tend to be the most catastrophic. If this has happened to you on someone’s property, you can sustain multiple devastating injuries that can alter your life. Thankfully, you have the legal rights to pursue compensation for whatever damages you may incur.
