When a person is injured on someone else’s property because the owner fails to maintain it, the victim may have a legal claim based on premises liability. Slip and fall lawyers from the La Sorsa and Beneventano Law Firm can examine every detail of an accident and assert the victim’s right to proper compensation for their injuries from the party responsible. These White Plains slip and fall lawyers will help their client sort through their options to form a strategy that’s tailored to the details of their client’s accident.
Holding a Negligent Property Owner Responsible for Slip and Fall Injuries
To hold an entity or person responsible for damages associated with the victim’s injuries, the plaintiff has to prove that the property owner was aware of the dangerous condition that caused the accident. For example, if a restaurant fails to clean up a spilled beverage promptly, they can be held responsible if someone slips and falls as a result. If a landlord fails to fix a broken step, they may be held liable if someone trips and falls. Property owners must warn people of any hazards on their property so that people can avoid them. Failure to do so can result in a lawsuit if a tenant is unaware of a broken step and falls down the stairs, resulting in a serious injury.
A property owner owes different degrees of precaution to the people who enter their premises, based on the purpose of a visit. When a person enters an establishment, such as a retail store, for a commercial reason, they are owed the highest level of care. These people are referred to as invitees. When the owner opens their property to invitees, they must regularly inspect the premises to check for any hazards. People who enter a property for social reasons, such as a friend, are owed a lower degree of care. A property owner entertaining a friend must maintain their property and keep it reasonably safe. They must also warn their guests of any known dangers.
Insurance Options for Slip and Fall Victims
If a person is hurt on someone’s property, it’s important to find out what insurance options they have and the type of insurance policy the owner holds. Some insurers may pressure the victim of a fall to immediately settle before all of the victim’s damages and injuries are known. Because of this, immediately seeking the legal advice of a slip and fall lawyer is advisable. For this type of case, photographing the scene at the time of the accident will also be helpful. This will help an attorney to determine how the slip and fall occurred. To fully develop a case, assistance from investigators or safety experts may be needed.
What to Do Immediately Following a Fall Accident
After a slip and fall accident, the victim must notify the property owner that they have been hurt. They must also take photographs of the unsafe conditions as soon as possible. Seeking medical attention immediately after a fall will be crucial. The victim must also comply 100% with the treatment their doctor advises. Prolonging medical care or not complying with treatment recommendations can harm a case.
Damages and Statutes of Limitations for Slip and Fall Cases
Typically, slip and fall claims must be filed within two years from the date of the accident. However, the time limits are different if the victim was injured as a tenant on their landlord’s property. In this situation, if the landlord is found negligent, the landlord may be held liable for legal fees, in addition to other damages. A lawsuit must be filed within one year from the date of the accident to preserve this right to fees.
Other damages may include:
- Pain and suffering
- Loss of earning capacity
- Lost wages
Meet with a White Plains New York Slip and Fall Attorneys at the La Sorsa and Beneventano Law Firm
If you have been injured in a serious slip and fall accident, contact a White Plains slip and fall lawyer from the law firm of La Sorsa and Beneventano immediately for a consultation. A fall can lead to serious injuries that have long-lasting effects. An experienced slip and fall attorney can help victims seek compensation from the party responsible and their insurers. An attorney will conduct a thorough investigation to evaluate the victim’s right to compensation. They will seek the compensation needed to pay for diminished quality of life, lost wages, medical expenses, and other costs.