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Can I Sue for My Slip and Fall Accident?

Jan 31, 2022 | Featured Articles

A slip and fall accident is at best, embarrassing, and at worst, debilitating. Falling is one of the top reasons people visit emergency rooms, and one of the leading causes of injury on job sites.

Slipping and falling anywhere leads to injuries that can keep you out of work for months or lead to permanent disability. In many cases, a slip and fall accident is caused by someone’s negligence.

Suing For A Slip And Fall Injury

Medical attention is your first priority. Then speak with a slip and fall lawyer who will review your case and discuss your options.

  • Gather evidence for your attorney.
  • Take pictures of the place where you were injured and your injuries.
  • Talk to witnesses and ask them for contact information.
  • Keep this information private.
  • Don’t discuss the accident with anyone else or post on social media.

A successful lawsuit requires you to prove the owner, manager, or even an employee’s negligence in keeping premises safe for all visitors. If they breach that duty of care, they can be held responsible for anything resulting from negligence. For this you must show:

  • The property was owned by the defendant at the time of the accident
  • That you were lawfully on the property, whether a visitor or a vendor, that is open to the public
  • There were one or more hazards present at the time
  • The owner, manager, or other responsible party were negligent in dealing with the hazardous condition
  • They knew or should have known that the conditions existed and failed to take any corrective action
  • The uncorrected hazardous condition(s) was the cause of your injuries

Corrective action is different in each case. For instance, a grocery store that fails to clean up a slick area after being notified of the problem may be held negligent. The employees should put up a sign or safety device (such as an orange cone) showing the hazard and telling visitors to avoid the area until they can clear it.

 

Can I Sue My Landlord for a Slip and Fall?

If you reported a problem or hazard that was not remedied, and you were injured as a result, you can sue a landlord for premises liability. You still need to show that you notified your landlord, they failed to take remedial action, and that negligence caused your injuries, such as:

  • Damaged sidewalks
  • Damaged stairways or missing handrails
  • Falling objects
  • Wall/ceiling collapses
  • Plumbing problems leading to mold and other damage
  • Insufficient lighting and security
  • Inadequate fire safety measures (i.e., smoke alarms)
  • Other hazardous conditions

The exception would be if you were responsible for the problem or for its remedy.

Can I Sue My Employer for a Slip and Fall?

If you slip and fall at work, you are eligible for Workers’ Compensation. You’ll need to discuss this with your company’s HR representative. There are times when an employer may dispute your right to file for Workers’ Compensation. New York law protects most employers from a lawsuit for a workplace accident.

However, if your injuries are caused by someone other than your employer, you may be able to sue them for compensation. Subcontractors, equipment manufacturers, maintenance companies, even cleaning companies may be responsible for a slip and fall accident at a workplace. This scenario is com