Slip and Fall Accidents
Slip and fall accidents are very common in White Plains and elsewhere in New York. Although they may sound minor, they can result in serious injuries, including traumatic brain injuries, spinal cord damage, and broken bones. If you are hurt in a slip and fall, you may need to figure out how to recover compensation for your injuries. Most people do not have enough saved up to address the significant financial losses associated with serious injuries. Mark A. Siesel is a White Plains slip and fall lawyer who may be able to help you recover damages if you are injured in a slip and fall or trip and fall.Slip and Fall Claims
Property owners owe a duty to visitors to keep their property reasonably safe for them. It may be possible to recover damages for injuries arising out of a slip and fall accident by filing and winning a premises liability lawsuit. Premises liability lawsuits are brought when a property owner or occupier fails to keep up or repair a property, and a visitor is injured because of the dangerous condition that should have been repaired. Slip and fall accidents often happen in restaurants, malls, office complexes, condominium complexes, apartment buildings, grocery stores, or train stations. It can be challenging to establish a slip and fall lawsuit, making it crucial to retain an experienced attorney.
You will need to show that the property owner either knew or should have known about the dangerous condition that harmed you, but it did not act to repair the danger or warn about the danger. Actual notice exists when a property owner knew about the danger. A slip and fall attorney in White Plains can show constructive notice when a property owner using reasonable care should have known about the danger. Usually, this means that the danger lasted long enough or was obvious enough that someone inspecting his or her property for safety concerns would have seen it.
Slip and fall or trip and fall lawsuits are more often based on constructive notice than actual notice. For example, if a slippery substance was spilled on the grocery store floor, and that was what caused the victim to slip, we would need to show that it was on the floor for so long that the grocery store employees should have known about it had they been making periodic inspections of the property or had appropriate safety guidelines been put in place. Other dangerous conditions might include a broken step, a broken sidewalk, or other uneven walking surfaces.Defenses
A White Plains slip and fall attorney may need to overcome various defenses by a property owner that contests its liability. It may argue that the victim was not paying attention to where they were going, and their comparative negligence contributed to the accident. It could also argue that the victim was injured in some place where visitors were not allowed or were not expected to go. It could also argue that there were reasonable steps taken to protect visitors, such as orange cones, but the victim ignored them and proceeded anyway.Statute of Limitations
In New York, you need to sue for injuries arising out of a slip and fall or trip and fall within three years. It is important to be aware of the statute of limitations. If you miss the three-year statute of limitations, your ability to recover damages probably will be barred. Additionally, as time goes past, evidence vanishes. For example, storeowners often erase videotape surveillance and reuse videotapes. This means that important evidence for your case could be erased even a week after your accident. Accordingly, it is very important to have a skillful attorney represent you and send a spoliation of evidence letter to the property owner right away, letting them know that litigation is pending.Discuss Your Case with a Slip and Fall Lawyer in White Plains
Nobody expects to be injured when they go shopping, go out to eat, or go to visit a friend. Slip and fall accidents can result in serious injuries. If you were injured in a slip and fall in White Plains, you should call the Law Office of Mark A. Siesel. We also represent clients in Brooklyn, the Bronx, and Queens, as well as Westchester, Kings, Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster Counties. Call us at (914) 224-3086 or complete our online form.
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