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What to Do After a Slip and Fall Accident

What to Do After a Slip and Fall AccidentSlip and fall accidents are among the most common causes of personal injury, often resulting in unexpected trauma and confusion for the victims. Understanding your rights and the steps to take immediately after such an accident is crucial for your health and any potential compensation claims.  This article will guide you through the help of a Long Island slip and fall accident lawyer, highlighting the importance of legal assistance in navigating the complex process that follows.
Edward Friedman
REVIEWED BY Edward Friedman July 17, 2024
In This Article
Reading time: 5 minutes
  1. Common Causes of Slip and Fall Accidents
  2. Crucial Steps You Should Take After Slip and Fall Accident
  3. Determining Liability in Slip and Fall Cases
  4. Common Injuries and Seeking Compensation After a Slip and Fall Accident
  5. The Role of a Personal Injury Lawyer in Slip and Fall Cases
  6. Call Friedman & Simon, L.L.P. For Your Free Consultation

Common Causes of Slip and Fall Accidents

Slip and fall accidents occur when an individual falls and sustains injuries on someone else's property due to hazardous conditions. These accidents can happen anywhere but are most common in places with:
  • Wet or slippery floors without proper signage
  • Uneven sidewalks or flooring
  • Poorly lit staircases or walkways
  • Obstructions or debris on the ground
Premises liability laws require that  property owners keep their spaces safe.  As the Court of Appeals, the highest court in the State of New York, has declared, a property owner is held to a, “standard of reasonable care under the circumstances whereby foreseeability shall be a measure of liability.”,  Key premises liability claim components include:
  • Duty of Care: The obligation of property owners to provide reasonably safe conditions for those whose presence on the property is reasonably forseeable.
  • Breach of Duty: Failure to address known hazards.
  • Causation: The direct link between the breach and the accident.
  • Damages: Provable injuries and losses resulting from the accident.
Success in a premises liability case hinges on showing the property owner's awareness of a danger (which can be actual, if he/she actually knew of the danger, or constructive, if, in the exercise of due care he/she should have known,) without taking proper action. 

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Crucial Steps You Should Take After Slip and Fall Accident

The steps you take immediately after a slip and fall accident can significantly impact your ability to recover compensation later on. Here are crucial actions to consider:
  • Seek Medical Attention: Prioritize your health to address injuries and create a medical record. This record is crucial in tying your injuries to the slip and fall accident.
  • Document the Scene: Take photos and, if possible, video of the location, the hazard that caused your fall, and your injuries. (If safe and otherwise possible to do so, take numerous photos.  From close and far, from different angles, including some with the camera at ground level to show the depth of the defect, with a ruler or common object such as a soda can, etc.,  near the defect to provide perspective as to the dimensions of the hazardous condition.)
  • Report the Accident: Inform the property owner or manager of the incident without admitting fault.
  • Gather Witness Information: If anyone saw your fall, get their contact details.

Determining Liability in Slip and Fall Cases

Determining liability is a pivotal aspect of slip and fall cases, involving an examination of whether the property owner was negligent. Key considerations include:
  • Did the owner know about the hazardous condition and fail to address it?
  • Was the hazard obvious or hidden?
  • Could the accident have been prevented with reasonable care?
It’s also important to understand the concept of comparative negligence and how it applies to your case. Comparative negligence is a legal principle used to allocate fault among parties involved in an accident, affecting the amount of compensation that can be awarded. Under this rule, each party's compensation is reduced by their percentage of fault in contributing to the accident. This means that if a plaintiff is found partially at fault for their injuries, their compensation will be reduced accordingly. The specific statute governing comparative negligence in New York is outlined in the New York Civil Practice Law and Rules (CPLR), Article 14-A, Sections 1401-1404. In practice, if you were involved in a slip and fall accident in New York and found to be 30% at fault because you were not paying attention to where you were walking, and the property owner was 70% at fault for not maintaining the premises safely, your total compensation would be reduced by your percentage of fault. So, if the court awards $100,000 in damages, you would receive $70,000 after the 30% reduction for your comparative negligence.

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Common Injuries and Seeking Compensation After a Slip and Fall Accident

Victims of slip and fall accidents often suffer from a range of injuries, including but not limited to:
  • Fractures and broken bones
  • Head injuries, including concussions
  • Spinal cord injuries
  • Cuts and bruises
The compensation for these injuries can cover:
  • Medical expenses: Covering the costs of emergency treatment, hospital stays, medications, and follow-up visits. This ensures victims are not financially burdened by the medical care necessary to address their injuries.
  • Lost wages: Compensating for the income lost during recovery when the injury prevents the victim from working. 
  • Pain and suffering: This addresses the non-economic damages, such as physical discomfort and emotional distress, caused by the accident. 
  • Rehabilitation costs: Funding for physical therapy, counseling, and other forms of rehabilitation needed to recover from the injury. 

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The Role of a Personal Injury Lawyer in Slip and Fall Cases

The aftermath of a slip and fall accident can be overwhelming, especially when dealing with injuries and potential legal complexities. Consulting with a personal injury lawyer, such as those at Friedman & Simon, LLP, can offer several advantages:
  • Skilled, Experienced and Dedicated  Guidance: Lawyers experienced in slip and fall cases can navigate the legal system and advocate on your behalf. This includes communicating with the insurance company, calculating a settlement, and, if necessary, filing a lawsuit and representing you in court.
  • Maximizing Compensation: Professional legal representation can help ensure you receive the full compensation you deserve.
  • Peace of Mind: Having a dedicated team to handle legal matters relieves you of the stress of adversarial communications and filing deadlines and lets you focus on optimal treatment, healing and recovery.
The legal process following a slip and fall accident involves several steps, from gathering evidence to negotiating with insurance companies and, if necessary, going to trial.  Acting promptly is crucial due to the statute of limitations that limits the time frame for filing a lawsuit. The expertise of personal injury lawyers becomes invaluable here, simplifying the process and improving the chances of a favorable outcome.

Call Friedman & Simon, L.L.P. For Your Free Consultation

If you or a loved one has been injured in a slip and fall accident, Friedman & Simon, LLP is ready to advocate for your rights. We offer the guidance and support necessary to effectively navigate your case. Let our team guide you on the path to justice. We handle the legal aspects while you focus on recovery. Contact us today for your free consultation.

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