Proving negligence in a winter slip-and-fall case in New York isn’t always easy. This explains why you should rely on a slip-and-fall injury lawyer in NYC to lend a helping hand.
National Floor Safety Institute data shows that over 1 million Americans visit emergency rooms to seek treatment for slip-and-fall injuries each year. If you were involved in a slip-and-fall accident that led to serious injuries, consider working with a New York slip-and-fall lawyer.
A slip-and-fall attorney will assist you in taking legal action against someone who demonstrated blatant landowner negligence or even the City of New York. This could enable you to collect compensation in the form of a slip-and-fall settlement or judgment.
Discover how to prove negligence in a winter slip-and-fall case in NY below.
Begin by Hiring the Right Slip-and-Fall Attorney in NYC
Hiring the right New York slip-and-fall lawyer could be the key to filing a successful slip-and-fall claim in NYC. Search for a slip-and-fall attorney you know you can trust to take care of every aspect of your case, including proving negligence on the part of a defendant.
According to the New York Department of Health, unintentional falls are the leading causes of emergency room visits in NYC among all age groups. Well over 50,000 New Yorkers sustain slip-and-fall injuries annually.
This should make it simple enough to find a slip-and-fall injury attorney you can count on. The Law Office of Frank J. Cassisi, P.C., is one great option for those looking for personal injury lawyers with an in-depth knowledge of New York’s slip-and-fall laws as well as its comparative fault laws.
Gather Evidence Related to Your Slip-and-Fall Accident
Technically, you should kickstart the evidence collection process even before bringing a New York slip-and-fall lawyer on board to provide legal representation during your case.
You should, for example, document your winter slip-and-fall accident scene by taking photographs and videos to show the hazardous conditions that led to your injuries. You should also keep any medical records and injury documentation you receive following your accident.
An NYC slip-and-fall injury lawyer can also step in and uncover more evidence. They may, for instance, track down surveillance footage that highlights what happened during your accident. They might also connect with those who witnessed your accident and gather additional information from them.
The more evidence secured while investigating your winter slip-and-fall case, the greater your chances of proving negligence and earning a settlement or judgment.
Determine Who Was Liable for Your Winter Slip-and-Fall Accident
Did your winter slip-and-fall accident take place on a sidewalk that is a part of New York City’s 12,000 miles worth of public sidewalks? If so, determining who was liable for your accident and the injuries stemming from it can be especially challenging.
Under NYC’s premises liability laws, whoever owns the building near where you slipped and fell is likely responsible for your accident. They’re legally in charge of maintaining the sidewalks that sit outside their building, so they may have shown negligence simply by not removing ice and/or snow from these sidewalks and causing you to slip, fall, and injure yourself.
However, some winter slip-and-fall cases in NYC result in accident victims filing lawsuits against the City of New York. If you can prove the city was aware of a dangerous stretch of sidewalk and didn’t act quickly enough to do something about it, it may have exhibited negligence.
This is when it will really help to have a reliable New York slip-and-fall lawyer by your side. They will assist you in determining which parties demonstrated negligence and caused you to sustain slip-and-fall injuries.
Work To Prove the “Four Ds of Negligence” With Your Lawyer’s Help
You might believe a property owner or the City of New York was to blame for your slip-and-fall accident, but can you prove the “four Ds of negligence” in your case? This will be imperative if you’re going to file a successful case against either of these entities.
The four Ds of negligence are as follows:
- Duty of care: A defendant had a duty to keep you safe while walking on a sidewalk.
- Dereliction of duty: A defendant breached their duty of care and placed you in harm’s way.
- Direct causation: An accident occurred because a defendant breached their duty, and it directly led to you sustaining injuries.
- Damages: An accident caused you to sustain injuries and rack up medical bills and other expenses.
Lean on your New York slip-and-fall lawyer to help you prove these four Ds of negligence. If you can’t prove them for one reason or another, this could be a sign your case isn’t as strong as you might like.
Contact Us To Receive Help From a Slip-and-Fall Injury Attorney in Mineola, NY
A New York slip-and-fall lawyer from the Law Office of Frank J. Cassisi, P.C., can help you prove negligence in a winter slip-and-fall case. We can also assist you with determining sidewalk crack injury liability in NYC during other types of slip-and-fall cases.
Reach out to us at (516) 294-5050 to schedule a consultation before the statute of limitations for your case runs out.
FAQs
Have additional questions about proving negligence in a winter slip-and-fall case in New York? Look for answers below.
How Can an NYC Slip-and-Fall Injury Lawyer Help Me Prove Negligence in a Case?
An NYC slip-and-fall injury lawyer can help you prove negligence by gathering the right evidence and using it to create a compelling case. They can also do it by using their experience working on other slip-and-fall cases.
How Much Could a Winter Slip-and-Fall Case in New York Be Worth?
A winter slip-and-fall case could be worth anywhere from a few thousand dollars to hundreds of thousands, sometimes even more. The value varies on a case-by-case basis.
How Long Does a Slip-and-Fall Case in NYC Take To Settle?
Every slip and fall case is different. Some can take as soon as a few months to settle, while others can take years.
Disclaimer: The content provided on this blog is intended solely for informational and educational purposes and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, laws and regulations change frequently, and specific cases may have unique circumstances that affect their outcome. Please note that in New York, while the general statute of limitations for personal injury claims is three years, certain cases (particularly those involving government entities) may have significantly shorter deadlines. For legal advice tailored to your specific situation, we strongly encourage you to contact our office to speak with a qualified attorney who can properly evaluate your case and provide appropriate guidance.
