Slip-and-fall claims in New York can arise due to many different reasons. What they all have in common is an accusation of negligence against the property owner and the claim that this negligence contributed to the injury of a lawful entrant. After all, property owners have a duty to keep guests, customers and employees reasonably safe.
One way in which owners might fail to uphold this duty is by having inadequate facilities. For example, the failure to replace dim lighting or properly store cords and cables could lead to trips. However, a victim must show that the owner had a sufficient amount of time to fix these issues.
Another type of slip-and-fall claim originates from the failure to put up warning signs. Signs are essential to warn against hazards like wet floors and malfunctioning automatic doors. Malfunctioning equipment is a third major factor in these claims. Entrants may be knocked to the ground by an elevator that freezes or an automatic walkway that suddenly speeds up.
Claims involving minor injuries can usually be directed toward small claims court. Other claims, however, involve higher damage levels and may implicate the business itself rather than a single individual. Slip-and-fall claims are among the most expensive types of lawsuits.
An injured person dealing with questions regarding premises liability law may benefit from the advice and guidance of an attorney. Legal counsel could potentially help a victim obtain compensation for medical expenses, lost wages, pain and suffering and other losses related to the accident. The attorney may hire investigators to obtain evidence, such as a copy of the incident report and any surveillance footage, before heading off to settlement negotiations.