Yes, slip–and–fall cases can be hard to win due to factors such as the difficulty of proving liability, insurance company tactics, and a lack of evidence. In many states, such as New York, comparative negligence laws give businesses a route for avoiding some liability.
Working with an experienced personal injury law firm can greatly increase your chances of winning a slip-and-fall case. Our attorneys understand how insurance companies operate, and we know how to fight back against many of their actions meant to deny or reduce your claim.
Our Long Island slip-and-fall lawyers have helped our team recover hundreds of millions of dollars for injured accident victims in New York. Call now to schedule your free consultation and tell us how we can help with your slip-and-fall case.
What Is a Slip-and-Fall Case?
A slip-and-fall accident can mean bruises, broken bones, and even serious issues like traumatic brain injuries. If your fall happened on another person’s property, you may have the right to seek compensation for your damages.
However, you must be able to prove that the property owner or manager is liable. This means meeting four specific criteria:
- Duty: A property owner or manager has a legal obligation to keep the premises safe for visitors. The extent of this duty depends on the visitor’s legal status and the foreseeability of harm.
- Breach: A breach of duty happens when the property owner does not take reasonable steps to prevent or fix a hazard they knew or should have known about.
- Causation: Causation requires proving that the property owner’s breach directly caused your fall and injuries.
- Damages: You must prove actual harm caused by the fall, such as medical expenses, lost wages, or pain and suffering.
Why Are Slip-and-Fall Cases Hard to Win?
Even if you suffered an injury, it can still be tough to win a slip-and-fall case. Some of the reasons include:
- Establishing Liability: Failure to establish breach of duty, prove causation, or show actual damages can harm your claim.
- Victim Blaming: Property owners frequently argue the victim was partly at fault, reducing or eliminating compensation.
- Lack of Evidence: Hazards such as wet floors often disappear quickly, making it difficult to gather evidence of what caused the fall.
- Establishing Notice: It can be hard to prove that the property owner knew, or should have known, about the hazard that caused your injury.
How Do You Win a Slip-and-Fall Case?
While slip-and-fall cases can be hard to win, making the right choices can improve your chances of success. Our legal team can help you understand what to do after a personal injury accident.
Consider the following actions to bolster your case:
Don’t Downplay Your Injury
It can feel embarrassing to fall in public, and you may be tempted to brush it off. Make sure someone associated with the property knows you fell, as well as what hazard caused your fall. If you require emergency care, allow them to call an ambulance.
Get Medical Care
If you do not require emergency care, see a doctor even if you think you are okay. Some injuries have delayed symptoms or could be masked by adrenaline. Your medical records show the injuries you sustained because of the fall.
Contact an Attorney Immediately
It is always a good idea to consult a personal injury lawyer when you are hurt in an accident, and especially important in a slip-and-fall case. Our legal team can handle your claim and deal with insurance companies while you recover.
Collect Evidence
If possible, take pictures of the accident scene and the hazard that caused your fall immediately afterward. Wet floors, poor lighting, and damaged floor tiles are easily fixed, and a property owner can hide evidence after your accident.
Keep Detailed Records
Keep records of everything, including your expenses and debts, medical appointments, out-of-pocket costs, and how your injury impacted your daily life. This is important evidence that can help establish the maximum competition you deserve.
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What Is Comparative Negligence?
Under New York’s pure comparative negligence system (CPLR § 1411), you can recover damages in a personal injury case even if you are partly at fault. However, the amount of your compensation will be reduced in proportion to your percentage of fault.
This means you can still get compensation if your own behavior contributed to your injuries. Unfortunately, it also means that insurers often try to claim you were partly responsible even when you weren’t. This makes it hard to win full compensation in a slip-and-fall case.
Get Help With Your Slip-and-Fall Case
Slip-and-fall cases are hard to win because insurance companies often work against injured accident victims to avoid liability. They may refute evidence or blame you, the victim, for causing the accident. It’s stressful when you are trying to recover from an injury.
Don’t take on a business and its insurance company alone. Our legal team can investigate your accident, calculate the compensation you deserve, file your claim, and fight for maximum damages to completely cover our hardships.
Our attorneys at Levine And Wiss have more than 100 years of combined legal experience, advocating for people who were injured because of the negligent actions of others. Call for your free consultation and find out how we can help with your slip-and-fall case.
