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Archive for the ‘Slip and Fall Accident’ Category


After a slip and fall accident, seek medical help, report the accident, collect witness contact information, take photos, document evidence and hire an experienced slip and fall lawyer. If you or someone you love has been injured in a slip and fall accident, our slip and fall accident lawyers can review your case and help you seek compensation for your injuries. Call 917-300-0797

 

Man slips on wet floor

If you have suffered injuries in slip and fall accident, you may be eligible to file an injury claim against the owner of that property. However, establishing the property owner’s liability can be challenging.

Although a property owner is required to keep his or her property in a reasonably safe condition, this does not necessarily mean that whoever slips and falls on the property can hold the owner liable. To hold a property owner liable, you must prove that:

  • He or she should have known about the dangerous condition on their property and should have fixed it.
  • He or she knew about the dangerous condition but did not fix it.
  • He or she intentionally caused the dangerous condition.

PROVING THE PROPERTY OWNER’S NEGLIGENCE

To claim that a property owner was negligent, you must be able to prove that he or she failed to act as a reasonably prudent person would have acted under similar circumstances. When trying to assess whether the property owner acted reasonably, consider the following:

  • Did the hazardous condition exist long enough for a reasonable property owner to eliminate it?
  • Did the property owner have a policy of routinely checking for potential hazards? If so, was the procedure followed before the accident?
  • Was the hazardous condition intentionally created? Was there any justification for creating the hazard?
  • Could the accident have been prevented by taking measures such as relocating the hazard, placing adequate warning signage in the area or preventing access to the area?

It is common for a property owner to argue that the victim is partially responsible for the injuries. This kind of argument is made under the theories of “comparative negligence” and “contributory negligence.” If your state is guided by the contributory negligence theory and you are found to bear any degree of responsibility for the accident, you may be barred from collecting any damages at all. Similarly, if your state is guided by the comparative negligence theory, and you are found to have equally contributed to the accident, your damages will be reduced by a percentage equal to your share of the liability.

Our Experienced Slip and Fall Lawyers Can Help You

If you have suffered injuries in a slip and fall accident, you may have an injury claim. It is crucial that you are represented by a dedicated and experienced slip and fall injury lawyer to help you through the legal process. At Dervishi Law Group, P.C., we have years of experience in dealing with slip and fall personal injury cases. Let our slip and fall lawyers handle your case and guide you through the legal process. Call us at 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

 

A slip and fall accident can happen anywhere and result in serious injuries. If you slipped and fell on someone else’s property, the things you do immediately after the accident can prove that the property owner or manager was at fault. Immediately following a slip and fall accident, seek medical help, report the accident, collect witness contact information, take photos and hire a lawyer. If you or someone you love has been injured in a slip and fall accident, our slip and fall accident lawyers can review your case and help you seek compensation for your injuries. Call 917-300-0797.

slip and fall accident
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Slip and fall accident

A slip and fall accident can happen anytime and anywhere, and result in broken bones and other serious injuries. The resulting medical bills can be extremely high. If your slip and fall accident occurs on someone else’s property, you may be able to recover compensation for your injuries from the property owner or manager. The things you do immediately after the accident can go a long way toward proving the property owner was at fault.

Here are some things you can do:

Seek medical attention: The first thing to do is get medical help. Seek medical help even if you believe your injuries are not serious. Injuries to the head and concussions may not be obvious until hours after the accident occurs. A medical report may be helpful when filing a claim.

Report your accident: Find the property owner or manager and let them know about your accident. If it happened in a store, report it to the store manager or owner. If it happened in an apartment building, report it to the building manager or landlord. You must report it to the appropriate person or authority. File a formal report and request a copy.

Collect witness information: If there were any witnesses to your accident, make sure you obtain their contact information including names, addresses and telephone numbers. Your lawyer may contact them at a later date to get their statements. Testimonies of eyewitnesses can be powerful evidence to support your claim.

Take photographs: Photos can be very useful in making your claim. Take photos of the object that made you fall such as a puddle, loose stair tread, torn carpet, slippery floor, etc. Take photographs of the general location and surroundings.

Document evidence: Your accident report, any written correspondence between you and the property owner or manager, and bills and receipts related to your medical treatment are important evidence. Keep them safe as these documents may help prove your case.

Hire an experienced attorney: Your best option after a slip and fall accident is to call an experienced slip and fall accident attorney. A lawyer can answer all of your questions about what to do and guide you through the process of filing a claim and proving liability.

Contact Us

If you or someone you love has been injured in a slip and fall accident, the slip and fall accident lawyers at Dervishi Law Group, P.C. can help you. We can review your case and help you seek compensation for your injuries. Our slip and fall accident lawyers are dedicated, experienced and knowledgeable. Don’t delay. Call us at 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

 

Were you or a loved one injured in a slip and fall accident? A qualified and experienced personal injury lawyer can help you receive compensation. Contact the Dervishi Law Group, P.C. right away! Call us at 917-300-0797 or 718-619-4525. You can also email us at fdervishi@dervishilaw.com.

 

Causes of Slip and Fall Accidents

 

Slip and fall

Although some of us may slip, trip or fall occasionally, some accidents can turn out to be more serious resulting in severe personal injuries. A personal injury lawsuit may be filed if the injury was caused by the negligence of someone else. Slip and fall accidents are a part of premises-related personal injuries and state law applies to cases such as these.

We have a responsibility to be aware of our surroundings and make every effort to avoid dangerous conditions when walking. At the same time, property owners are responsible for keeping the premises safe for pedestrians. If the property owner or the employee of the property has been negligent by not keeping their environment safe, even though he or she had the ability and knowledge to do so, or if you are not alerted to the danger facing you, you can file a personal injury lawsuit against the responsible party.

Slip and fall accidents can be caused by any sort of negligence or oversight on the part of the property owner. It can be a stumble, trip or twist because of an unsafe floor condition. There may be a direct cause such as uneven flooring, potholes, cracked sidewalks, spilled food or liquids, broken tiles or ice and snow. It may also have an indirect cause such as dim lighting, missing handrails, etc.

If you have been injured in a slip and fall accident on someone else’s property because of a dangerous condition, you and your lawyer will need to be able to demonstrate one of the following to receive compensation for your injury claim:

  • The property owner or the employee caused the dangerous surface condition.
  • The property owner or the employee knew about the hazardous surface condition and did not fix it or warn you about the danger.
  • Had the premises been maintained on a regular basis, the danger would have been discovered sooner and fixed.

Liability in slip and fall cases is often decided by common sense. Judges and juries determine whether the owner or employee of the property was conscientious by determining if the steps they took to keep the property safe were reasonable.

Dervishi Law Group, P.C.

If you or a loved one has suffered injuries in a slip and fall accident due to someone else’s negligence, you need a qualified personal injury attorney by your side. At Dervishi Law Group, P.C., our goal is to offer comfort in times of need and unyielding dedication to our clients and their families. Our qualified and experienced personal injury lawyers can help you deal with the insurance companies and secure compensation from the responsible parties. Call us at 917-300-0797 or 718-619-4525 or email us at fdervishi@dervishilaw.com

 

Slip and fall accident on stairs
 

Can the government entity be held accountable if you slip and fall on a government property? Well, the answer is generally yes, if the government was negligent in its maintenance and upkeep of the property. However, there are two important limitations on the rights of an injured person to sue a federal, state, or local governmental entity.

First, the federal government and mostly all states have strict notices and set deadlines for making a claim against a government entity. Second, there is a limitation placed by the federal government and most states on how much can be recovered from the state or a municipality if the case is won.

When is a Government entity liable for a slip and fall accident?

A government entity is liable for a slip and fall accident on its property if:

  • The government entity or an employee was somehow negligent.
  • Negligence caused the accident.

Just because someone fell on a government property does not necessarily mean that the government authority managing the property can be held legally liable. Also, in order to prove that the governmental entity was negligent, one must prove that the government was aware or should have been reasonably aware of the unsafe condition.

What are the important time and notice deadlines?

There are strict rules set by the federal government and almost all states to file a claim or lawsuit against a government entity. The first rule is a notice requirement.

Before suing the federal government, the state, or a municipality, one must generally file a formal notice of injury with the proper government entity. There may be different notice requirements in the federal government and each state but the notice must typically include the following information:

  • Full name and address.
  • Date of the injury.
  • A brief summary of how the injury occurred.
  • A statement making claim that the governmental authority was negligent.
  • Allegation as to how the government’s negligence caused the injury
  • A description of the injuries, and
  • A description of the medical bills and other financial losses to date.

It is important to note that the deadline for sending this notice could be as short as 30 days, depending on the type of government.

Make sure to send notice to the proper government entity

Send the notice to the appropriate government entity. The claim may be barred if the notice is sent to the wrong government office. Also, make the claim against the proper government entity in the first place.

To ensure that proper notification requirements are met, contact the administrative offices of the relevant municipality. Make phone calls to get the answers in terms of where and when to send notice. You can also contact a personal injury lawyer to help you.

What are the limits on damages in injury claims against the government?

Limits on damages may differ depending on the type of governmental entity. Limits can be as low as under $100,000

How to prove liability for a slip and fall on government property?

Take pictures of the accident scene, clothes, and any bruises. Picture scan play a very important role in a slip and fall case because broken sidewalks or stairs can be fixed, conditions of ice and snow can change within minutes, ice can melt, or it can be cleared away. It will be impossible to win an ice and snow case without pictures as it was at the time of the injury.

Make sure to report the incident immediately to someone in charge at the governmental property and ensure that a report is documented. Try to get the names of witnesses if there were any. Not reporting the accident immediately may result into unsuccessful claim.

Call Dervishi Law Group, P.C. at 917-300-0797/ 718-619-4525

Have you suffered injuries as a result of a slip and fall accident in a government entity? Call the office of Dervishi Law Group, P.C. to see if you have a viable claim.