Slip And Fall Accidents: What You Need To Know

Many people believe that if they are injured in a slip and fall in New York on someone else's property they have an automatic right to recover for their medical bills and injuries. That is not the case. In fact, New York law requires the injured person to prove the legal elements of their claim to recover anything at all.

 

First, someone who is injured in a slip and fall must prove the defendant (the landowner or occupier of the land) knew or could and should have known the condition existed for a long enough time period within which the condition should have been fixed. If the person who slips on something cannot show that the defendant had an opportunity to recognize the hazard and fix it, the defendant will not be responsible.

 

Not everything that causes a fall is an unreasonably dangerous condition. Sometimes, a fall is caused by something that is not believed by most to be something that would cause a fall. Thus, New York law requires the person who fell to prove that the defendant knew or should have known of an unreasonably dangerous condition.

 

The person who was hurt must be able to prove that they suffered an injury that was directly caused by the fall itself. For instance, if someone undergoes back surgery after a serious fall, this - alone - is not enough to prevail in the case. Instead, it must be proven that the back surgery was a direct result (i.e., caused by) the unreasonably dangerous condition that caused the fall.

 

How much compensation is fair compensation? This is a complicated question in New York personal injury law, including injury lawsuits arising from a slip and fall on property. There is no "schedule" that shows how much compensation will be considered fair in a personal injury case, as there may be in workers compensation injuries. The damages must be proven, and they include lost wages, medical expenses, future lost wages (diminished earning capacity) and future medical bills. This also includes general damages such as pain, suffering, anxiety, loss of enjoyment of life, etc.

 

If you, or a loved one has been injured as a result of a slip and fall accident, call your attorney to discuss your rights and options. If you don’t have an attorney, call The Law Office of Cohen & Jaffe, LLP at 516.358.6900 for a free consultation. Or, if you prefer, email us directly at RJaffe@LCJLawfirm.com