After slipping and falling on someone else’s property, you’re probably wondering how to hold someone responsible for failing to keep you safe. Before you can pursue compensation from the at-fault party, your Lindenhurst personal injury lawyer will need to identify liability in your case.
At Levine And Wiss, our attorneys have over 100 years of combined experience representing victims of personal injury incidents. Over the past 15 years in business, we’ve helped thousands of people recover hundreds of millions in compensation.
As your slip and fall lawyer in Lindenhurst, we can help you make sense of the situation by evaluating the condition that caused the fall and explaining how New York premises liability law applies to your case. We’ll advocate for your right to seek justice from start to finish.
Where Slip and Fall Hazards Commonly Appear in Lindenhurst
Local slip and fall incidents often stem from unsafe conditions that property owners failed to address. These conditions vary widely, and they can arise either indoors or outdoors. Here’s a look at issues that can result in slip and fall cases:
- Wet or recently cleaned floors
- Weather-related hazards
- Uneven walkways and broken pavement
- Cluttered or narrow walkways
- Poor or absent lighting
- Defective stairs and railings
All of these hazards can create a dangerous situation, especially when property owners don’t take the proper steps to keep their spaces safe for visitors.
For a free legal consultation with a slip and fall accident lawyer serving Lindenhurst
call (888) 468-4878Common Injuries Reported After Slip and Fall Accidents
The extent of your slip and fall injuries will depend on the force of the fall, the direction of the impact, and the position of your body during the incident. Many of these injuries lead to extended recovery periods or long-term complications:
- Back and spinal injuries, like herniated discs, nerve compression, or muscle strain
- Head damage, such as concussions or more serious brain injuries
- Broken or fractured bones in the arms, legs, and hips
- Soft tissue injuries, namely sprains, strains, and torn ligaments
- Shoulder tears, dislocations, and cartilage damage
Slip and fall injuries often affect multiple areas at once, resulting in a recovery process that usually takes longer than expected to resolve.
Lindenhurst Slip and Fall Accident Lawyer Near Me
(888) 468-4878How Property Owners Are Held Responsible Under New York Law
Slip and fall cases fall under premises liability, which outlines how property owners and managers are required to maintain safe environments for visitors. Liability depends on the following factors.
Duty of Care
Property owners owe visitors a duty to maintain reasonably safe conditions. This applies to businesses, landlords, schools, restaurants, and private property owners, depending on the situation.
Actual or Constructive Notice
For a property owner to be held responsible, they must have known—or should have known—about the hazard. Actual notice means they were directly aware of it.
Meanwhile, constructive notice means the hazard existed for long enough that they should reasonably have discovered it.
Failure to Address the Hazard
If the property owner knew of the danger and failed to take measures to fix, clean, inspect, or warn visitors about it, they may be found liable.
Foreseeability
Certain hazards are considered foreseeable. For example, entryways tend to get wet during rainy days or snowy times of the year. Stores often expect spills, and stairways require routine maintenance. When foreseeable hazards aren’t addressed, liability becomes more likely.
Role of the Victim’s Actions
New York’s comparative negligence rule allows compensation even when victims share some responsibility, though the settlement amount reflects the assigned percentage of fault.
Understanding these elements and talking about them with Lindenhurst slip and fall lawyers can help victims make sense of how responsibility is determined.
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Evidence That Strengthens Slip and Fall Claims
Slip and fall cases rely heavily on documentation because the hazard might be temporary or removed shortly after the incident. Strong evidence includes:
- Images of the hazard, lighting conditions, floor area, or surroundings
- Surveillance footage that provides clear proof of how the fall occurred
- Incident reports that describe conditions, witness statements, and staff responses.
- Detailed medical documentation that links the fall to your injuries
- Documentation outlining the severity of your condition
- Witness accounts from people who saw the hazard before or after you fell
- Maintenance and cleaning logs regarding inspections, repairs, or cleaning schedules
Evidence helps create a clear timeline of the events that resulted in your injuries. It also shows whether the property owner fulfilled their responsibilities, which your slip and fall lawyers in Lindenhurst can use as proof of liability in your case.
Factors That Influence the Value of Slip and Fall Cases in New York
Victims often ask what determines the settlement value in slip and fall cases. Let’s take a look at various elements that can influence the amount of compensation available in your case.
Severity of the Injury
More serious injuries typically result in higher settlement values because they require more treatment and cause deeper disruptions to daily life.
Length of Recovery
Extended recovery periods increase total medical costs, physical therapy needs, and the extent of your lost wages.
Long-Term or Permanent Effects
Chronic pain, limited mobility, or permanent disability can all shape the value of your claim and the amount of compensation you receive.
Impact on Daily Activities
Difficulties performing work-related tasks, upholding household responsibilities, and taking care of yourself can all help slip and fall attorneys in Lindenhurst illustrate the extent of the harm.
Medical Costs
Hospital bills, specialist visits, diagnostic tests, medications, rehabilitation, and potential future treatment are all considered.
Lost Income
Victims often miss work while recovering from their injuries. Lost wages and reduced earning ability are part of the calculation. Every case is unique, and compensation reflects the total effect of the injury on the victim’s life.
Contact Our Slip and Fall Lawyers in Lindenhurst
When you’re hurt in a slip and fall incident, the aftermath can feel disorienting, especially as you balance your recovery process with the justice system. Trying to figure out which legal steps to take when you don’t feel well—physically or emotionally—can be a lot to handle.
As bad as everything seems, the good news is that Lindenhurst slip and fall attorneys are ready and willing to tackle these matters on your behalf. Why stress yourself out by attempting to put a case together on your own? Instead, let Levine And Wiss represent you.
As your Lindenhurst slip and fall law firm, our attorneys will compile the evidence both clearly and convincingly. Many people worry that they won’t know what to say when the details matter more than ever, but we have experience handling cases like yours, and we’re here to help.