A slip and fall accident may occur in a store, apartment building, parking lot, office or any other property. Other falls might lead to fractures, head injuries or permanent loss of mobility. When determining if more action is warranted, it is important to understand the circumstances under which a fall occurred.
Not all falls are considered an event of legal liability. A claim may be based on the condition that caused the incident, who controlled the property, what they knew or should have known about the property and whether the condition caused the injury. Preserving evidence and documenting the circumstances can assist in answering these questions.
Knowing about property related injury claims is essential
Premises liability involves incidents related to premises. Some hazards that can occur are wet floors, broken steps, uneven walking surfaces, poor lighting and snow or ice accumulation. The legal obligations and the facts may determine whether a property owner or someone else may be held liable. Where the accident happens doesn't necessarily mean the outcome.
The condition of the property is crucial since it will determine the ultimate outcome of a successful sale
It can be helpful to understand the nature of the hazard if it is included. For instance, photographs of a spill, broken stairs or uneven surfaces can help illustrate what the area looked like after an incident. Witnesses can explain the duration of a condition or if anyone had reported it or not. You may also need to note maintenance records and incident reports. Evidence should be considered in its entirety, not as conclusive evidence of negligence.
A few ways that an injury can impact recovery is the following:
A fall can affect your ability to walk, drive, work, or go about your daily life as a family member. There are injuries that need follow-up appointments or rehab and that effect may change over the course of time. To keep medical records and record changes in daily activities can help document the recovery process. The cause of the fall and the consequences of the injury that are supported by the law may be evaluated.
What to do after a fall?
If you stumble over a suspected hazard, seek the proper medical care and report the incident to the appropriate responsible property representative if possible. Don't needlessly disturb potential evidence, and record its location and conditions. Documentation will help and may be helpful as spills are cleaned, damaged objects are repaired, and other conditions change.
Keeping track of the evidence of the hazard
Photos from varying angles may give an indication of the state of the walking surface and surroundings. Note the date and time, make note of any witnesses, and ask for a copy of any incident report, if one has been filed. Save pertinent medical bills and notes of appointments. If there is any chance of surveillance video, a lawyer can determine if it is necessary and how to go about obtaining it. Never enter into unsafe areas to gather evidence.
The relevance of local experience is explored.The relevance of local experience is discussed
Siben & Siben LLP represents communities in Nassau and Suffolk County in slip and fall cases. It has a website that explains it's a family-owned practice that has been around since 1934 and is dedicated to representing the injured Long Islanders. Talking with a prospective case attorney will help clear up issues concerning ownership of the property, what evidence there is and the legal requirements that apply.
Conclusion
There is more to an accident where someone slips and falls than simply proving that the person fell and was injured. These factors as well as the state of the property, the responsibility for its maintenance, the available evidence of notice and the relationship of the hazard to the injury may be relevant. A thorough record can be useful in understanding the facts and give traction to consideration of legal actions.
A long island personal injury lawyer may be able to advise you on what evidence to save and legal issues to explore if you are not sure if the hazardous property condition was a cause of your injury. Whether a claim is ever filed, proper documentation and timely medical treatment help to get the ball moving.