At Steve Boyd, PC, we listen to you, fight for you, and we get results.
At Steve Boyd, PC, we listen to you, fight for you, and we get results.
A sudden slip and fall can cause serious, life-altering injuries. What may seem like a simple accident can result in broken bones, traumatic brain injuries, and chronic back pain, leading to extensive medical bills and an inability to work. These incidents are often not accidents at all, but the direct result of a property owner’s negligence. If you were injured because of a hazardous condition on someone else’s property in West Seneca, you have the right to hold the owner accountable.
The law firm of Steve Boyd, P.C. provides assertive and informative legal representation for slip and fall victims. We are here to help you understand your rights and fight for the full compensation you need to recover from your injuries.
Free West Seneca Slip and Fall Consultation. Call Now.
Proving a Premises Liability Claim in New York
Slip and fall cases are governed by a legal principle known as “premises liability.” This principle holds that property owners have a legal duty to maintain their property in a reasonably safe condition for visitors. To win a claim, it is not enough to show that you fell and were injured. As your premises liability lawyer, we must prove that the property owner was negligent.
This requires proving one of the following:
- The property owner (or their employee) created the dangerous condition.
- The property owner had actual knowledge of the dangerous condition and failed to take reasonable steps to fix it or warn you about it.
- The property owner had constructive knowledge of the dangerous condition. This means the hazard existed for a long enough period that a reasonably attentive owner should have known about it through regular inspection and maintenance.
Proving what the property owner “should have known” is often the most challenging part of these cases and requires a thorough investigation.
Common Causes of Falls in West Seneca
Our attorneys have experience handling a wide range of slip and fall claims arising from various hazardous conditions throughout West Seneca, including:
- Spilled Liquids: Water, grease, or other liquids left on the floors of grocery stores, restaurants, and retail shops.
- Uncleared Snow and Ice: Icy sidewalks, entryways, and poorly maintained parking lots are a major hazard during Western New York winters. Property owners have a duty to clear these in a timely manner.
- Poorly Maintained Parking Lots: Large potholes, cracked pavement, and inadequate lighting can create serious tripping hazards.
- Broken Stairs and Defective Handrails: Property owners are responsible for ensuring that stairs, steps, and railings are in good repair and meet building code requirements.
- Cluttered Aisles and Obstructions: Merchandise, boxes, or equipment left in walkways can create a dangerous environment for shoppers.
Evidence is Key: Critical Steps to Protect Your Claim
The moments after a fall are crucial. The property owner and their insurance company will act quickly to protect themselves, often by cleaning up the hazard immediately. It is vital that you act just as quickly to preserve the evidence you need to win your case.
- Report the Incident: Notify the store manager, landlord, or property owner immediately. Ask them to create a formal incident report and get a copy if possible.
- Take Photos and Videos: Use your smartphone to take pictures and videos of the exact hazard that caused your fall before it can be cleaned up or repaired. Capture it from multiple angles.
- Get Witness Information: If anyone saw your fall, ask for their name and phone number. Independent witnesses can provide powerful testimony.
- Seek Immediate Medical Attention: Go to an emergency room or urgent care right away. This creates a medical record linking your injuries to the fall.
- Preserve Your Footwear: Place the shoes you were wearing at the time of the fall in a safe place. Do not wear them again. They are a key piece of evidence.
Taking these steps provides your slip and fall attorney in West Seneca with the foundational evidence needed to build a strong case.
Frequently Asked Questions
1. The property owner is blaming me for the fall. Can I still have a case?
Yes. New York’s comparative negligence rule allows you to recover damages even if you were partially at fault. Your final compensation award would simply be reduced by your percentage of fault. Insurance companies often try to shift 100% of the blame to the victim; we fight back against this tactic.
2. What kind of compensation can I recover?
A successful claim can provide trip and fall accident help by recovering compensation for all of your damages, including your past and future medical bills, lost wages, and your physical and emotional pain and suffering.
3. How long do I have to file a slip and fall lawsuit?
In most cases, the statute of limitations for a premises liability claim in New York is three years from the date of the incident. However, if your claim is against a municipality or government entity, the deadlines are much shorter. It is critical to contact a lawyer immediately.