What Should I Do After A Slip and Fall?

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a man falling on wet floor

A slip and fall is an accident where an individual is injured due to hazardous or dangerous conditions while on someone’s property. Your slip and fall could be the result of the property owner’s negligence, or it could be caused by other factors, such as the weather. No matter the cause, property owners are responsible for maintaining a safe environment. Stores are, at the very least, responsible for warning customers when an environment is not safe to walk on.

Even a minor slip and fall accident can greatly impact your health and finances. Slip and fall cases fall under an area of law known as premises liability. If you sustain injuries from a slip and fall on someone’s property, you can pursue a premises liability lawsuit where you seek to hold the property owner accountable and recover compensation.

At Finz & Finz, P.C., our New York slip and fall attorneys understand the stress caused by a premises liability accident. That is why our skilled and compassionate lawyers work hard to secure full and fair compensation for New Yorkers who have been seriously injured through no fault of their own. If you or someone you love have sustained an injury on someone else’s property through no fault of your own, your recovery can include money for your injuries, lost wages, pain and suffering, and other damages.

If you or a loved one have suffered a serious injury in New York, contact an experienced New York slip and fall lawyer for a free, no-obligation consultation or call Finz & Finz, P.C., at (855) TOP-FIRM.

If you have been seriously injured in a slip and fall that was no fault of your own, we recommend taking the following steps:

Get medical treatment immediately. See a doctor as soon as you can. Some injuries may be apparent immediately. Other injuries, such as traumatic brain injuries, may not be recognizable until days or even weeks later. It is critical that medical professionals document signs and symptoms of an injury that could manifest later.

Report the accident. No matter where the slip and fall accident occurred, be sure to report it to a store manager, property owner, or landlord. When filing an accident report, stick to the facts of what happened before and during the slip and fall. This will establish that you sustained an injury because of a known hazard that existed on the property. It may also be used to prove that the property owner is liable for your injuries. Make sure you get the details of the accident in writing. Request a copy of the accident report from the store manager, property owner, or landlord before you leave.

Document the accident scene. Liability often hinges on who owned or was responsible for maintaining the premises or who should have known about the hazard that led to your slip and fall. Use your cell phone to take photos of the area where you fell. This documentation preserves the details of what occurred in the moment. Take pictures of the following conditions that could have been a factor:

  • Lack of warning or “wet floor” signs
  • Liquids collected on the floor where you slipped and fell
  • Uneven pavement
  • Food or debris on the ground
  • Damaged carpet or flooring
  • Missing handrail
  • Loose cords or wires
  • Newly polished flooring

Find witnesses. See if anyone witnessed your slip and fall or the hazardous condition. Record their names and contact information as their statements may be critical to your case later on.

Maintain a case file. Save all documents related to your slip and fall case, such as medical bills, correspondence with insurance companies, and records that document missed work, resulting in lost wages.

Don’t provide a statement. Limit your communication with the property owner. Don’t post any details related to your slip and fall on social media. Never give a statement to an insurance company until you have first spoken to a lawyer.

Call an experienced slip and fall lawyer. After you have been injured in a slip and fall, you may hear from the property owner’s attorney or insurance company. They may offer you a settlement. Do not accept or sign anything until you have spoken with an experienced personal injury attorney. You could be agreeing to less than what your case is actually worth. If you have a lawyer on your side, they can make sure that any settlement offer provides the full and fair compensation you deserve.

How Long Do I Have to File a Claim in New York?

In the state of New York, you have three years from the time of the slip and fall injury to file a claim. However, if you are filing a claim against the state, a county, or city, you must file a formal claim within 90 days.

New York is a pure comparative fault state, which means your compensation can be reduced if you were partially to blame. The court will determine fault in percentages. For instance, if you were 40% at fault, your compensation would be reduced by 40%

Contact a New York Slip and Fall Attorney

If you need help filing a lawsuit against the negligent party that caused your slip and fall, contact our New York slip and fall lawyers. At Finz & Finz, P.C., we have the skills, resources, and experience needed to handle your case with the attention and care it deserves. We offer free initial consultations, during which we will discuss all your legal options. Our attorneys work on a contingency fee basis, which means you won’t owe us a cent until we’ve helped you recover compensation.