Jamestown Slip and Fall Lawyer
If you were injured in a slip and fall accident, you need to contact an experienced Jamestown slip and fall lawyer to protect your rights. Contact us today to arrange a free confidential consultation. Let our 30+ years of experience work for you.
Anyone can become injured in everyday life, but when an injury is not the fault of the person who experienced it, there are options other than simply dealing with the pain. Slip and fall injuries, which constitute a fair share of personal injury cases, occur when a person slipped or tripped and fell due to a condition that should not have been present in the first place. Tripping over one’s shoelaces or missing a step while descending a stairway, for example, are simple accidents, and few judges would take a legal claim about either incident seriously. However, an experienced Jamestown slip and fall lawyer can potentially prove that slipping on a slick surface while indoors or falling over an exposed wire resulted from another person’s actions. In the latter cases, the injured parties have the right to reach out to qualified slip and fall attorneys for representation in court.
The laws governing slip and fall injuries differ across state and even municipal boundaries, and if you were injured in a slip and fall incident in the state of New York, you should consult a dedicated Jamestown slip and fall lawyer as soon as possible. If you have any additional questions about slip and falls, experienced Jamestown slip and fall lawyer Scott F. Humble would be glad to assist you as you recover from your injuries.
What Are the Most Common Ways for Slip and Fall Injuries to Occur?
Slip and fall injuries can happen anywhere and at any time, and the factors that can cause these injuries are understandably many in number. Visibility is a chief contributor to slip and falls, as people who are unable to see clearly are more prone to trip over objects that would otherwise be easily avoidable. Improperly secured objects are another common element; a loose handrail, doorpost, or handle can suddenly give way, sending a person tumbling to the ground. Problems with flooring form a third type of hazard, as it is all too easy for a pedestrian to stumble over a wrinkle or tear in carpeting, a raised floorboard, or an exposed nail. The unusual presence of substances such as water, sand, or ice on a floor can make it slippery, and property managers who do not tend to spills and leaks in time are putting their customers at risk of injury.
Does New York State Law Approach Slip and Fall Cases Any Differently?
The typical slip and fall injury case is rooted in negligence: should the property owner or manager be held responsible for allowing a dangerous condition to appear, or did the injured party’s recklessness lead to the injury in question? This question most often does not have a simple “yes” or “no” answer, as both parties can share some blame for the injury. If the property owner or manager had taken better care of the property, the condition that caused the injured person to slip and fall would never have existed. If the injured person had taken extra precautions, if he or she had worn sturdier footwear or looked before walking, the injury could have been avoided. At the same time, though, a property owner cannot be everywhere at once, and when financial limitations, a lack of time, and insufficient communication by employees or subcontractors are involved, the property owner may truly have only a small share of the responsibility. Likewise, if the injured party was walking in an area that clearly featured “warning” or “no trespassing” signs, was running or otherwise acting irresponsibly, or was looking at her or his mobile device while walking, a slip and fall attorney may find it challenging to argue that the fault is entirely or even primarily that of the property owner.
Because the percentage of negligence, known as “comparative negligence,” is such a major factor in slip and fall cases, personal injury and premises liability attorneys in New York have to argue that each client’s role in her or his injuries was the least amount possible. The New York Consolidated Laws state that while no plaintiff in a slip and fall injury case should necessarily be ineligible to recover damages for an injury, the amount of compensation will depend on how responsible the court feels that the injured party is for the injuries. If it is decided that the injured person was 30 percent responsible for the injury, the amount that he or she can receive in compensation will reduce by 30 percent.
How Do Slip and Fall Injury Cases Normally Proceed in the State of New York?
Each slip and fall case is a conflict between an individual who was injured on a property (the plaintiff) and the owner or manager of that property (the defendant), both of whom will be represented by personal injury or premises liability attorneys. The plaintiff’s attorney is usually responsible for showing that a dangerous condition existed on the property and that it would have been difficult for the plaintiff to avoid the condition. The defendant’s attorney, on the other hand, must demonstrate that the dangerous condition did not exist, that the condition was in the process of being resolved or repaired, and/or that the plaintiff acted in a way that caused the injury. Both attorneys may provide photographs of the site where the injury occurred, and videos of the plaintiff walking through the property at the time of the injury may feature as well. The plaintiff can provide medical documents to illustrate the extent of the injury, as this evidence may sway the judge to grant compensation for medical expenses. The plaintiff may win if her or his attorney shows that it was largely or entirely an unavoidable hazard on the property that led to the injury.
Who was at fault in a slip and fall case is not a simple question, and it deserves more than a black-and-white answer. If you have been injured in a slip and fall, you should prepare yourself for a legal battle in which you may be painted as reckless or responsible for your own injuries. With the guidance of a dedicated Jamestown slip and fall lawyer, however, you will be better able to effectively argue your case. Our personal injury law office has advocated for many clients who were injured due to another person or company’s negligence, and we would be glad to help you in your case. Contact Jamestown slip and fall lawyer Scott F. Humble today if you have any questions or concerns about moving forward with your slip and fall injury case.