Manhattan Slip-and-Fall Attorney
Slip-and-fall accidents are both dangerous and, unfortunately, quite common. In fact, the Centers for Disease Control reports that there were more than 10.5 million emergency room visits for fall-related injuries in one recent year. Tragically, a slip and fall can lead to lifelong injuries and serious financial consequences.
Many slip-and-fall accidents are preventable, including those caused by negligent landlords and business owners. However, proving that they’re liable can be a challenge, which makes experienced legal help a necessity. If you’ve been injured in a slip-and-fall accident caused by a Manhattan property owner or manager’s negligence, contact David Resnick & Associates right away.
As a Manhattan slip-and-fall lawyer, Resnick and his team have recovered more than $150 million in compensation for our clients. Our experienced and dedicated team can help you pursue the compensation you need for your medical bills, lost wages, pain and suffering, and other injury-related expenses. To learn more, contact us for a free initial consultation.
Why You Need a Manhattan Slip-and-Fall Lawyer
Personal injury claims for a Manhattan trip and fall can be difficult to win. There’s a high standard of proof you must meet. Additionally, properly documenting your injuries, lost income, and other losses is critical if you want to recover maximum compensation. We have the experience and skills necessary to help.
Getting help from a Manhattan slip-and-fall lawyer with David Resnick & Associates will allow you to focus on your health while we concentrate on your legal claim. A knowledgeable lawyer can investigate the accident, identify who may be liable for your injuries, and document all the harm you’ve suffered. We’ll use all of our experience, training, and education to fight for the full and fair compensation you deserve.
Proving Negligence in a Slip-and-Fall Claim
Slip-and-fall claims are a type of premises liability case. In these kinds of personal injury claims, success often depends on proving the property owner’s negligence and the victim’s relationship with that owner.
Do I have a case?
- First, you must show that the property owner had a legal obligation to prevent you from being injured, which is known as a duty of care. Property owners are responsible for maintaining common areas of their premises, such as hallways, walkways, staircases, elevators, escalators, parking lots, and sidewalks. They’re generally not responsible for maintaining any rented spaces like apartments.
- Property owners owe a high level of safety to their customers and anyone invited onto their property for a specific business purpose. Property owners must protect these parties, known as invitees, from both known hazards and unknown hazards about which they could be reasonably expected to know.
- Property owners also owe a duty of care to individuals who are legally on their premises but not for business purposes. This category, known as licensees, includes invited guests, tenants of multi-unit dwellings, and passers-by on the street. Property owners must repair or provide warnings about known hazards to licensees, but they’re generally not liable for hazards of which they’re unaware.
- Lastly, property owners owe very little to trespassers. Unless it can be shown that a property owner intentionally or willfully caused a trespasser’s injury, the property owner generally can’t be held liable for any injuries the trespasser sustains on their premises.
Once you and your attorney establish that a property owner owed you a duty of care, the next step is proving that there was some kind of dangerous condition on the property that caused your injuries. This includes demonstrating how that dangerous condition led to your injuries. Evidence like accident reports, photos from the scene, and eyewitness testimony can help support your claim.
After this work is complete, your lawyer can help demand compensation for your injuries from the property owner and their insurance company in a slip-and-fall accident claim.
Possible Compensation for a Manhattan Slip-and-Fall
Slip-and-fall accidents can take a serious toll on victims. Along with physical injuries, Manhattan slip-and-fall accident victims often have expensive medical bills and miss an extended period of work. A personal injury claim allows victims to seek compensation for a wide range of losses, such as:
- Related past, ongoing, and future medical bills
- Lost wages
- Reduced capacity to earn a living
- Physical and emotional pain and suffering caused by the injuries
Defenses to Overcome in Slip-and-Fall Cases
If you’ve been injured in a slip-and-fall accident, you can expect the property owner and their insurer to try to fight your claim to avoid paying out a fair settlement.
Here are a few common defense strategies used by property owners in slip-and-fall cases:
The “trivial defect” defense
In cases in which someone slipped on a cracked or broken floor, the property owner may argue that the defect in the floor surface was trivial and didn’t cause the accident. There’s no set standard for what makes a floor “reasonably safe,” so your claim must show how the condition of the floor was unsafe.
The “open and obvious hazard” defense
The property owner may try to demonstrate that the hazard on the premises was open and obvious, meaning you should have seen it and that your injuries were your own fault.
The accident happened off the owner’s property
The property owner may argue that the location where you were injured was not their property, and therefore, they’re not liable for your injuries. For this reason, it’s crucial to take photos of the exact location of the accident and to choose an experienced attorney who can help you prove where the injury occurred.
A slip-and-fall lawyer in Manhattan with David Resnick & Associates can help protect you from these defenses, so contact us today.
How a Manhattan Slip and Fall Attorney Can Help
With the high standard of proof required for slip-and-fall accident claims, it’s essential to get help from an experienced personal injury litigation lawyer. David Resnick and his team have decades of experience handling these kinds of cases.
We’ll work tirelessly to establish that the property owner’s negligence caused your injury and that you’re entitled to compensation. We can handle every step of your case and aggressively negotiate with the insurance companies. If they refuse to pay what you deserve, we’ll be prepared to bring your case to trial.
Waiting too long to start a slip-and-fall claim could mean losing the chance to get the money you need. If you’re searching for “slip and fall lawyers near me,” look no further. Contact David Resnick & Associates today for a free initial consultation.