If you or a loved one suffers a slip and fall accident in a commercial space, such as a business or storefront, do you know if you have a case for compensation? This can be a difficult situation to understand, which is why it’s important to speak to an experienced personal injury attorney about what happened. If you do have a claim, who would the claim be filed against? Let’s explore these scenarios in today’s post.
Negligence Must Be Present
There must be negligence present in order for any type of slip and fall accident claim to proceed. The store or the business must have been negligent in the case and their negligence is what led to the accident that caused your injuries. Simply falling down in a store or place of business does not always mean you will have a case. There needs to have been some sort of hazardous condition present in order to proceed.
Who Can be Sued for the Accident?
Once you’ve established that negligence was present in your case, the next step is to determine who can be sued. In certain circumstances, there could be multiple entities that can be sued for negligence. If the business or store is owned and operated by the same person, then this is the only entity that can be named in the lawsuit. However, not all stores are operated by the owner. Many are leased, which means you could conceivably sue the owner, the renter, or the property manager.
Important Items in a Slip and Fall Case
Proving negligence in a slip and fall case is not always cut and dry. There are some important items that often arise that an attorney can help with. They include the following:
- Why was the floor on which you slipped too slippery?
- Was there a reasonable warning for a slippery floor?
- Did you have knowledge of the floor being slippery before you slipped?
- Did the landlord or owner know about the slippery floor?
- Should the landlord or owner have had a reasonable knowledge of the floor being slippery?
- Did a foreign substance make the floor slippery?
- If there was a foreign substance present on the floor, how long had it been there?
Reasons for a Slippery Floor
There are a multitude of reasons that a floor can be slippery. Some of these reasons may include the following:
- Polish or floor wax
- Snow, ice, or water
- Food debris
- Oil, grease, or cleaner
- and more
Was There Warning of a Slippery Floor?
We’ve all seen the signs: “Caution, Wet Floor.” However, not every business will put these signs out when there is a spill or other lubricant on the floor. Failing to have a warning sign near the hazardous condition is a sure sign of negligence and can help you win a personal injury claim against the owner or landlord.
Contact a New York City Personal Injury Lawyer to Discuss Your Slip and Fall Accident Case in New York
Did you or a loved one sustain serious injuries due to a slip and fall accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Proner & Proner represents clients injured because of slip and fall accidents in Queens, the Bronx, Manhattan, Brooklyn, and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 in New York, NY 10165 as well as offices in Queens, Brooklyn, the Bronx, and Bethel, Connecticut.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.