Falls happen every day – so often that they are the second leading cause of accidental death and injury in New York and worldwide. Some falls are the product of a simple misstep. Yet many others happen when a dangerous condition or obstacle in the environment causes a person to fall. These types of preventable accidents – also called slip-and-falls or trip-and-falls – are classified in a fast-growing area of the law known as premises liability.
Fall-down injuries can be extremely debilitating, resulting in head injuries, neck injuries, back injuries, spinal cord injuries, broken bones and other life-threatening conditions. Obtaining compensation through the New York court system can be crucial so that victims can afford the expenses arising from their fall-down injuries and make plans for the future, particularly if they have become disabled or are unable to work.
The Law Offices of Scott C. Gottlieb & Associates, LLP has represented clients in Watertown, NY, property injury claims for more than 30 years. Our firm’s philosophy is to provide quality legal services in a supportive environment so that injured individuals are comfortable knowing that all of their needs – both legal and personal – are being addressed. We advise clients about whether it makes more sense to fight or settle a case in order to achieve their goals. Once we get started on your case, we won’t stop until we obtain a result we are satisfied with. We Will Fight For You!
Contact us today at 315-782-3547, 1-800-TALK-LAW (1-800-825-5529) or use our online contact form. Your first case evaluation is free.
New York Falls and Property Injury Claims
Property owners are required by law to provide safe, well-maintained premises that are free from all foreseeable hazards. It doesn’t matter how or why a person enters the property – if a fall-down injury results from an unsafe condition, residential and business owners may be held liable for their negligence. Examples of hazardous conditions include loose steps, cracked sidewalks, slippery conditions, or poor lighting, among many others.
The property owner is not automatically liable for your fall-down injuries. To prevail in a premises liability case, you must be able to show that:
- A hazardous condition existed; and
- The hazard was either created, known, or should have been known by the property owner or his employees.
Other considerations may also impact the outcome of a premises liability claim:
- Was the property reasonably maintained?
- Was the fall-down injury caused by a natural or artificial condition on the premises?
- Was the property adequately secured?
What the Defense Will Say
Property owners and their insurance companies will rarely admit fault for a fall-down accident. Defense attorneys will take the position that no hazardous condition existed or, if it did, that the property owner didn’t know about it. Another strategy may try to turn the tables on you, arguing that you are to blame for your own fall-down injuries.
You can strengthen your own case by taking the following steps:
- Seek medical treatment as soon as possible.
- Report the accident to the property owner as soon as possible.
- Gather statements and contact information for witnesses.
- If possible, take photos of the hazardous condition. Even if you are unable to capture the actual condition (as might happen in instances when ice melts or a spilled liquid is cleaned up), take pictures of your soiled clothing and footwear. This can be important evidence in a premises liability case.
- If you fell on business property, try to get a copy of the incident report.
- Keep copies of every receipt related to your fall-down injuries.
Talk with a Watertown, NY, Premises Liability Lawyer Now
If you were hurt on someone else’s property, you may be entitled to money for pain and suffering, mental anguish, lost capacity for the enjoyment of life, as well as medical bills and lost wages. The Law Offices of Scott C. Gottlieb & Associates, LLP, has access to medical experts, accident re-constructionists, economists, and vocational professionals who can confirm the severity of your fall-down injuries. This expert testimony, along with other evidence, will help our legal team build a premises liability claim that stands up well, both in settlement negotiations and, if necessary, at trial. We can also help you with other legal matters that may arise while the case is pending.
Experience Counts. Call 315-782-3547, 1-800-TALK-LAW (1-800-825-5529) or use our online contact form for a free consultation. Someone from our law firm will respond to your inquiry on the same day, usually within one hour. We also serve clients in Syracuse, Elmira, Rochester and Binghamton.