Determing Negligence in Long Island Slip and Fall Cases

If you slip and fall, do you have a case? Slip and falls happen all the time—at the mall, restaurants, on the sidewalk, in parks, and at friend’s houses. These accidents can cause very serious injuries, most common are breaks to the knee, ankle and hip, and spinal and brain injuries. So who is responsible? There are several questions to ask, in order to determine whether or not you have a slip and fall case and who to sue.

Whose fault was the fall? If you are not paying attention to where you are going, or you trip on your own shoelace, that’s your fault and there is no one you can sue. If, however, you fall due to a property owner or other party’s negligence, you have a potential case if that party:
  • Created the hazardous condition that caused you to slip
  • Knew about the potential hazard and failed to fix it. You must be able to prove that they had prior notification of the danger.
  • Should have known about the potential hazard but failed to fix it. Businesses do have an obligation to keep their property safe and well-maintained, so if their flooring is all warped and cracked, they can’t say they weren’t warned about it.

Potentially Liable Parties

  • On commercial property—such as a store, mall or restaurant–you may have a case against the property owner, the business owner and even a contractor if there was work going on that caused the accident.
  • At a private residence, you have a case against the homeowner.
  • On the sidewalk, whether the fault lies with the owner or the town varies by town on Long Island. See our list here to determine who is at fault in your neighborhood.
  • On public property, such as a park, school or government office, you need to sue the responsible municipality. In these cases, there are stricter deadlines for the time you have to sue.

Recovering Damages

If you were injured in a slip and fall accident and are wondering if you have a negligence case, give us a call today. Our consultation is free and there is no obligation. In fact, you don’t pay a penny until you receive an award or settlement for your case.

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