Slip and Fall Attorney in Brooklyn

Slip and fall accidents are some of the most common personal injury cases in the country. Sometimes, a slip and fall accident causes minimal injuries, whereas other times, it can cause lifelong, debilitating injuries. Slip and falls can happen just about anywhere, from a grocery store to a private home to an airport. If you or a loved one was injured due to a slip and fall, it’s important to reach out to an attorney right away. Morgan & Morgan has been handling slip and fall cases for decades, and we will do everything in our power to ensure that you and your family obtain the justice you deserve. Contact Morgan & Morgan today for a free consultation.

Elements of a Slip and Fall Case

In order to win a slip and fall case, you must prove that the party responsible was negligent. To show negligence, you must prove the following elements:

Duty of Care

The first element of a slip and fall case is to prove that the defendant owed you a duty of care. The general rule is that property owners are required to keep their property in a reasonably safe condition to any individuals who are foreseeably on their property. This is true whether it’s a private home or a business. Owners or those who have control of the property are required to regularly check for spilled substances or uneven surfaces that could cause a person to fall and injure themselves. 

Interestingly, this duty of care can be extended to trespassers in some circumstances. If you were trespassing on a property and were injured, you must prove that your trespass onto the property was foreseeable. If you’re able to do this, then you may be able to move forward with a slip and fall claim. For example, if trespassers are often on a specific property, or the owner sees indications of people trespassing on their property often, they may owe them a duty of care despite the fact that they weren’t actually allowed to enter the property. This is particularly true if there is something on the property that is likely to lead people to trespass, such as a pool. This is referred to as an attractive nuisance. It’s not unlikely that a child would see a pool and would enter a person’s property to try to use it or look at it. Should a child enter the property and suffer an injury due to a slip and fall, the owner could be held liable. 

Breach

The next thing that must be proven in a slip and fall case is that the defendant breached the duty of care. For example, if a property owner fails to fix damaged walkways, broken or missing handrails, inadequate lighting, or fails to clean up liquid in a place that would be slippery, this is likely a breach of their duty.

Causation

Another element of a slip and fall case is causation. In order to be successful in a claim and recover compensation, you must be able to show that the negligence of the owner—their breach of duty—was what actually caused your injuries. Had the defendant not been negligent, your injuries wouldn’t have occurred.

Damages

If you were involved in a slip and fall due to a property owner’s negligence, you must prove that you suffered losses in order to recover compensation. This could include medical expenses, lost wages, and diminishment in quality of life, among others. 

What to Do After a Slip and Fall Injury

Slip and fall injuries are very common, so it’s important to know what steps you should take if you are ever injured as a result of one. 

1. Take Pictures. One of the most important things you can do after a slip and fall accident is to take pictures of the scene. Take photos of what you believe caused your injury and of the surroundings. Take as many pictures as possible from as many angles as possible. When you contact slip and fall lawyers, this will be incredibly helpful for them when they are preparing and negotiating or litigating your case. If you don’t take pictures right away and an owner fixes the issue that caused your fall before you’re able to document it, this could have a detrimental impact on your claim. 
2. Get Contact Info of Any Witnesses. If anyone was around to see what happened, you should get their contact information right away. Having eyewitnesses could end up being incredibly important should your case go to trial and the defendant denies what really happened. 
3. Notify the Owner. If you are healthy enough to speak with someone right after the incident, it’s a good idea to notify the owner of your injury as soon as possible. If you fall while inside a store or an apartment complex, speak with the management or owner of the business. If it’s a business of any kind, they will likely write up a report. Make sure you get a copy of that. 
4. Call the Police. Even if your injuries don’t seem that severe, it’s wise to contact the police right away. When they arrive, they can take note of the scene and see how the accident occurred. They can also speak with you and the property owner and any witnesses on the scene. Don’t say too much until you speak with slip and fall lawyers, but it’s a good idea to have the police there so they can write up a police report. Make sure you get a copy of that.
5. Seek Medical Attention. Anytime you’re injured in a slip and fall, you should seek medical attention as soon as possible. Even if you don’t think that you are severely injured, you should have a doctor take a look. Sometimes injuries don’t show up for a period of time and sometimes they’re internal and you aren’t able to see them. This is a good idea to make sure you are safe and healthy, but it can also be helpful in the future should you decide to file a slip and fall lawsuit. 
6. Photograph Your Injuries. Finally, make sure you take photos of any visible injuries. This could include scrapes, cuts, or anything else that is visible. It’s also smart to take pictures of any property of yours that was damaged in the fall, such as a watch, cellphone, or anything else valuable that you had with you. 

Damages 

When you experience an injury from a slip and fall, you may be entitled to financial compensation. To receive damages, you must prove that you actually suffered a loss. The most common damages you can receive in New York slip and fall case include the following:

Medical Expenses. If you had to receive medical treatment, you should be able to recover the cost of all your medical expenses. This can include doctor’s visits, emergency room visits, physical therapy, prescribed medications, and any other financial expenses you incur as a result of the injuries you suffered in the slip and fall. 

Lost Wages. Many people who are injured in a slip and fall are unable to work for a period of time. This inevitably means that you will lose out on income that you otherwise would be receiving. If you are successful in your slip and fall case, you can receive compensation that you would’ve received had you been able to work. Additionally, it’s possible to receive lost future wages if you will be unable to work for an extended period of time or if you can’t work at all anymore. Lost future wages can also be awarded if you can no longer work the same type of job and therefore can’t make as much money. 

Pain and Suffering. In New York, you can also recover monetary damages for the pain and suffering from your injuries. 

Pure Comparative Fault

If you are injured in a slip and fall case in Brooklyn, New York, you might be wondering if you can recover compensation even if you were partially at fault for your injuries. Fortunately, you can. New York is governed by pure comparative fault. This means that a determination will be made about your percentage of responsibility and your awarded compensation will be reduced appropriately. If you are determined to be 20 percent at fault and were awarded $100,000, you will only take home 80 percent of the compensation, or $80,000. Even if you are determined to be 90 percent at fault, you can still recover 10 percent of the awarded compensation. 

Statute of Limitations

The statute of limitations is the amount of time in which you must file your claim. In Brooklyn, New York, you must file your claim within three years from the date of the injury. If you fail to file your case on time, your case will almost certainly be dismissed and you will walk away with nothing, even if you otherwise would’ve been entitled to recover monetary compensation. The statute of limitations applies whether you are filing your claim based on an injury or property damage (such as damaging an expensive watch you were wearing when you fell). 

While three years sounds like a long time, the sooner you contact an attorney and initiate your claim, the better. The longer you wait, the more likely it is that evidence will no longer exist and witnesses may no longer be in the area. For example, many video recordings from stores or personal doorbells disappear after a certain period of time. If you wait, you could be missing out on evidence that would have proven your case. Additionally, the longer you wait, the harder it will be to contact witnesses. Even if you are able to locate them and speak with them, they may forget the incident and be unable to help you, when they would have been incredibly helpful had you contacted them right after the incident occurred. 

Exceptions to the Statute of Limitations 
The 3-year statute of limitations applies to almost all personal injury cases in New York. However, there are some exceptions. If the party injured in the slip and fall is under the age of 18, the statute of limitations will not begin until the victim turns 18. This could significantly extend the timeline if the injured party is very young. 

Additionally, if the injured party is mentally disabled at the time of the injury, the clock won’t start to run until they are determined to be mentally competent. 

Another exception occurs when the defendant leaves New York before the lawsuit can be filed and is gone for at least 4 months. While the defendant is out of state, this time will not count toward the statute of limitations. This is also the case if the defendant is in Brooklyn, New York but is living under a false name. 

Contact Morgan & Morgan Today

The slip and fall lawyers at Morgan & Morgan are well versed in handling slip and fall cases. We have handled them throughout the country and have been doing so successfully for decades. When you hire us, you’re hiring a firm that cares about your case as much as you do. You will have a team of professionals on your side to help you obtain the justice you truly deserve. Contact Morgan & Morgan today for a free consultation.