Goshen, New York Slip and Fall Attorneys

What exactly is a slip and fall lawsuit?

"Slip and fall" is the term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, low lighting, or a hidden hole in the ground. For example, a slip and fall lawsuit can be based on a fall down a staircase due to uneven risers.

Slip and Fall Examples

Here are some specific examples of what we call slip and fall or premises liability cases. If you leave the shopping mall and slip on ice and snow or trip over a pothole and sustain a parking lot injury, you may be eligible for compensation. Or you could fall on a slippery floor at the local grocery store. In both cases, the business owners have failed to provide you, the customer, with a reasonably safe shopping experience. If such a breach caused you injury, you may be entitled to compensation.

The Elements of a Premises Liability Lawsuit

If you are on someone else's property and injure yourself as a result of a dangerous condition on the property, the landowner or business proprietor may be liable for your injuries. Most businesses carry premises liability insurance. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries. It is important in such cases to promptly document the dangerous and unsafe condition. A good way to do this is to take photographs of the accident site. Witnesses to the accident and the dangerous condition should also be identified.

The primary question in slip and fall / premises liability cases is whether the condition that caused the injury was unreasonably dangerous and whether the owner, operator or person or persons responsible for the control and maintenance of the premise had notice of the condition. By "notice" is meant that the person invested with responsibility for the condition of the premises must be shown to have known of the dangerous or unsafe condition prior to the occurrence of the accident (actual notice); or there must be proof that the condition existed for so long a period of time prior to the accident that a reasonably conscientious person responsible for the condition of the premises would or should have known of the existence of said unsafe condition (constructive notice). If actual or constructive notice of the dangerous condition cannot be proven, then the negligence of the person or persons responsible cannot be shown, then a case cannot be made out.

The Dupée & Monroe Advantage in Slip and Fall Lawsuits

At Dupée & Monroe, we have built a solid reputation of successfully litigating slip and fall cases for our clients. Put the power of our success and experience on your side. Contact us today for a free consultation.