Slip & Fall Accidents

If you or a family member has been injured in a slip and fall incident that may have been caused by the negligence of a property or business owner, you may want to look into the legal options available to you. Pain, lost wages, and other expenses, as well as the stress of not knowing what the future holds, can be overwhelming. Barillari Law has been helping injured New Yorkers get the money they need for treatment, recovery, therapy, and more for decades. To find out how they can help you, fill out their online form or call 718-966-8181 to speak with a representative.

If you have been injured in a slip & fall accident, you are not alone. Statistics show that over a million people visit the emergency room each year due to such injuries. The pain and suffering from the injury can be compounded by the additional burdens of bills, stress, treatment alternatives, transportation needs, childcare needs, and other changes. At Barillari Law, we understand the difficulties that these injuries can cause and are here to help. Our experienced injury lawyers have helped many victims in New York and New Jersey get the money they deserve and need to focus on healing and getting back to planning for the future. If you feel that your accident was due to mismanagement, neglect, or a failure to warn of unsafe conditions, contact us today for a free consultation.


Timeliness is Important for Correctly Evaluating Slip and Fall Injuries

Accident injury attorneys understand that injuries sustained in a bad accident may be underestimated by an individual without medical knowledge. There are many areas of the body that can be affected in such an incident, and it is essential that medical professionals evaluate and diagnose any injuries. Unfortunately, some people who have been involved in a slip and fall may feel pressured to return to work, go home, or complete an incident report before being medically assessed, which can cause further complications.

If you fail to seek legal advice quickly, you may be missing out on potential damages and expenses that could be recovered. Our experienced lawyers are knowledgeable about the costs associated with medical and related needs, as well as the damages recovered for past claims. They are also aware of the restrictions and obstacles for slip/fall claims, the types of statutes of limitations, and the windows of opportunity that exist. With their expertise, they can quickly assess the strength of a claim and determine how to get the most successful outcome.


The Basic Elements of a Claim

The following conditions must be established with proof that the:

  • property owner had a duty to provide for the safety of individuals on the property, depending on the reason for the individual’s presence;
  • property owner breached that duty by failing to maintain a safe environment, or neglecting to warn of the dangers present;
  • accident resulted from the property owner’s negligence;
  • victim is entitled to compensation for losses and harm caused by the accident;

What is the legal requirement of Notice, and the difference between the concepts of Constructive Notice and Actual Notice?

Even now, if you have been injured on someone else's property, your injury lawyer must prove that the property owner had notice of the unsafe condition that caused your accident in order for you to recover damages. If they cannot prove this, the court may dismiss your case, just as it did long ago.

Constructive Notice

If you have slipped and fallen on the icy pavement outside a grocery store, resulting in extensive medical bills, you may be able to get a settlement to cover the costs. In order to do so, you must be able to prove that the owner had constructive notice of the icy conditions, meaning that the ice had been present for a long enough period of time for the owner to have known about it and to have taken steps to fix it, but failed to do so.

A claim for an injury sustained from tripping and falling on a crumbling step while walking down the stairs in front of an apartment building would require proving constructive notice-– that the landlord must have been aware of the unsafe condition but neglected to repair it. Without evidence of notice, it would be difficult to pursue the claim.

Actual Notice

A landlord or owner of premises may have to demonstrate actual notice of an unsafe condition in order to prove their liability. This could be done by providing evidence such as a formal inspection report that mentions the hazard, a posting of the hazard, or information about the hazard that the landlord received from another source. If the attorney is able to prove that the landlord had been informed of the unsafe condition, and still failed to take action to rectify it, this is known as actual notice. In such a situation, the landlord or owner of the premises may be held liable for any resulting damages.


How would an injury lawyer near me find proof to support my claim?

A New York accident injury lawyer who is experienced and knowledgeable should be aware of when and which specialists, such as engineers and investigators, should be consulted and used for their observations and reports. For example, an engineer might inspect the site of an accident and create a report that explains what caused the deteriorating stair. This report may demonstrate that the stair railing was corroded and loose, the nails were weak and decayed, and that the issue had been present for a long time. Lawyers who handle accident cases often collaborate with numerous experts, depending on the situation. An investigator may try to figure out if any previous violations were issued but disregarded. In such cases, the lawyer may use the findings of these professionals to demonstrate that notice was established, and the claim for compensation for your injury can move forward.

What other proof might an injury lawyer want me to provide?

Basic documentation to support your claim might include:

  • documents of medical evaluation, treatment, or therapy;
  • photographs of the scene, conditions, and the environment has taken at around the scene of the accident;
  • statements of witnesses or people with relevant information;
  • instructions or directions posted or given regarding the unsafe conditions;

It is essential for a successful attorney-client relationship that both parties communicate effectively. This involves asking and answering questions, exchanging information, and being responsive to each other. Therefore, if you have or come across any information that could be beneficial, make sure to share it with your attorney.


What is the concept of Comparative Negligence?

If a victim or their family files a claim or lawsuit against a property owner to seek compensation for an accident, the property owner's attorneys or insurance company may try to argue that the victim is partly to blame for slipping and falling.

It's possible that a jury may find that the rule of comparative negligence applies and attribute 10% of the blame to the victim, which would reduce any damages awarded to them by 10%. For example, if the victim was awarded $100,000, they would receive $90,000 due to the 10% comparative negligence. To ensure that any comparative negligence attributed to the victim is kept to a minimum, it is essential to have a highly experienced lawyer to represent the claim. Examples of attributing partial blame to the victim can include not paying attention, not wearing the necessary safety gear, or being 

in an area that was off-limits to visitors.


Barillari Law Firm

At Barillari Law, we have a long record of success, but we are always aware of any alterations in laws, codes, regulations, and requirements that may affect potential claims. We strive to provide effective representation and clear communication, so that you can focus on healing and getting the compensation you deserve. We are dedicated to staying up-to-date on the latest developments in the legal field, so that we can provide you with the best legal advice and representation possible. We understand that navigating the legal system can be overwhelming, and we are here to help you every step of the way.

Get in touch with us today by calling at 718-966-8181 to speak with a competent lawyer for slip and fall. Schedule a free consultation by calling or filling out our online form.

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