Current statistics show us that slip & fall injuries are one of the leading causes for you to go to a hospital emergency room. Also, many of these accidents occur on someone’s private property or in their home. When it happens, It’s mandatory that you understand all your legal rights for compensation for your medical care, and if you do have to file a lawsuit.
Slip & fall injuries are sometimes minor, but most of these incidents cause broken bones, disabling back injuries, and even TBIs (traumatic brain injuries).
The medical bills for initial care and recovery can skyrocket into thousands of dollars, and you may even need treatment for the rest of your life. So, even if you are at someone’s home, if negligence of any type contributed to or caused your accident, you are rightfully and legally entitled to file a lawsuit for compensation for the costs you incur.
In many of these accidents, the property owner is the liable party. However, whether you can prove the property owner’s responsible for your injuries depends on whether they behaved negligently.
All property owners in New York state are legally responsible for protecting visitors in their homes or on their property.
If they are aware or should have been aware of a hazard on their property, the owners must take action to resolve the issue as soon as possible. Until any issue is resolved, they must warn you about the hazard or take other necessary measures to prevent you from injury.
If the homeowner fails to correct the hazard (or warn you), they have behaved negligently and will usually be liable for your injuries and can be sued for the costs and damages you have sustained.
However, these cases can be legally challenging to prove. To fully determine if you can sue the homeowner, you must thoroughly discuss your case with an experienced, qualified Utica or Syracuse personal injury lawyer.
You must realize that your case is unique, and your lawyer will know the right questions to ask. Their legal advice and guidance will be invaluable to you in obtaining the compensation you need to recover and rightfully deserve.
How May My Lawyer Prove the Homeowner’s Negligence and Responsibility?
If you sustained an injury at someone’s home, determining their negligence and responsibility for your injury will depend on numerous factors. As stated, negligence and liability usually depend on whether the homeowner is aware of the existing hazard.
If the homeowner is aware of the hazard, such as rotten wood, loose handrails, broken or uneven steps, etc., they are legally responsible for fixing the threat or warning you about the danger.
Commonly, your personal injury law team will prove that the homeowner was responsible for your injuries, and that “proof” will depend on the following facts.
- The homeowner caused the defect or otherwise dangerous condition on their property.
- The homeowner was aware of the hazardous condition and did nothing to correct it.
- Also, the homeowner should have known of the dangerous condition (as any reasonable person taking care of their property would) and should have taken steps to repair, modify, replace, or otherwise remedy the hazard.
Consulting and obtaining the professional, experienced advice of your local Utica or Syracuse personal injury law team will be invaluable at this stage of your case. They will analyze all aspects of your accident and determine the correct legal filings and actions needed.
What Steps Should I Take Right After My Accident?
Having an accident on someone’s property (or anywhere) isn’t something you can ever plan for. However, When it does happen, you may be scared, confused, in pain, or worse. The first thing to do is get the immediate medical attention you require.
If you cannot take steps immediately yourself, enlisting help in proving what occurred immediately before and after your accident is critical to your case if you must file a lawsuit.
The following are just a few things to do to obtain the needed compensation for you to recover and thrive.
- Identify exactly what happened and caused your accident – Write down your thoughts (or, if needed, have someone document them) as soon as possible and attempt to do this at the scene. Accurate and firsthand information is invaluable and can aid the medical team in treating you and providing valuable information to your lawyer.
- Take photos, and obtain the contact information of witnesses – The witness accounts can help you prove what occurred and exactly why you were injured.
- If outside, note the weather and lighting conditions – These conditions may have contributed to your accident and need to be documented.
- Note dangerous circumstances at the scene – Take photos of the area, and document all you can.
- Where any warning signs present – This is highly significant as to whether the hazards were marked or not.
What If I am Partially Responsible For My Accident?
This is a common question in these cases and very pertinent for receiving compensation for your bills and recovery.
New York state is a “comparative negligence state.” So, if you are partially to blame for your accident, your compensation may be reduced by your determined percentage of fault.
Almost always, the homeowner (and their insurance company) will attempt to place some of the blame on you. There are many examples, such as walking in an area where visitors usually wouldn’t go. They might say you were not paying attention, or you weren’t wearing appropriate shoes, and much more.
This is one of the most critical areas your Utica personal injury lawyer will address. Consult with them first; never admit fault or even speak to any insurance companies before you do.
I’ve Been Injured At Another Person’s Home; How Should I Proceed?
You should always be aware that even a relatively straightforward (and seemingly minor) slip & fall accident could have severe long-term effects on your life. Many injuries (especially head trauma) don’t exhibit symptoms until weeks or months afterward.
If you’ve suffered any injuries, you must receive accurate, professional legal insight, which will be vital in determining your next legal move. Consulting with an experienced, empathetic, and professional Utica or Syracuse personal injury law team will help to ensure that you get on the right path to secure your future health and finances. Consult with them immediately and obtain the legal representation you need and rightfully deserve.