Our Experienced Slip and Fall Accident Attorneys Explain Some of the Basic Things You Should Know If You Were Injured In A Slip and Fall Accident
Slip and fall accidents are quite common. These accidents can occur anywhere that receives foot-traffic: in stores, homes, and even outside.
While similar to trip and fall accidents, slip and falls are caused by a different type of hazard. There are several common hazardous conditions that make up the bulk of slip and fall accident cases.
These include slip and falls on:
- mopped floors;
- excessive wax or floor polish;
- water drippings from underneath a refrigeration unit;
- water drippings from an air conditioning unit;
- leaking pipes;
- leaking roof;
- spilled fluids, including urine;
- worn or polished stairs;
- snow and ice;
- unknown foreign substances.
Although surfaces can be slippery for many reasons, not every slippery surface is actionable. Under New York law, you must prove that the accident happened because the condition was unsafe and that the owner had “notice” of the unsafe condition. Notice is a legal concept, and means that the property owner:
- created the hazardous condition; or
- knew about the condition and did not attempt to resolve it; or
- should have known about the condition given the length of time it existed.
Proving notice in a slip and fall case can be challenging and usually requires the testimony of witnesses to establish the length of time that the condition existed. Naturally, the longer the period of time that a condition existed, the more likely it is that the property owner “knew” or “should have known” of the condition and corrected it.
How Do I Prove (and win) a Slip and Fall Accident Case?
Every case is different and so the proof needed in a specific case depends on the circumstances of the case. Here are some general guidelines about the type of proof that is necessary in a slip and fall accident case:
- You need to prove the defect, so take pictures or video of the site of the accident immediately;
- Speak with people familiar with the area to find out whether they can tell you how long the condition was present;
- Find out if anyone ever notified the landlord about the problem before the accident;
- Inspect the area for video surveillance cameras nearby that may have captured the accident, and more importantly . This is especially important because if there is a video of the scene, chances are it will disclose how and when the substance came to be on the ground.
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If you were injured in a slip and fall accident, contact our experienced slip and fall accident lawyers by email or calling (800) 762-9300 for a free consultation. You can also simply fill out one of our case intake forms and we will have one of our attorneys get right back to you.
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