Were you ever in a store in New York where the floor had been freshly mopped or there was a spill in one of the aisles, leading to a puddle? Or perhaps you have seen store parking lots with oil spills in them? Or perhaps the carpeting in a floor was torn up or there was a crack in the asphalt in the parking lot. Any of these situations could easily lead to a slip-and-fall accident that causes significant injuries. Those harmed in slip-and-fall accidents will want to learn more about their rights. The following is a brief overview of the elements of a slip-and-fall case.
Elements of a slip-and-fall case
Slip-and-fall cases are based on negligence. In order to prevail, the victim needs to show by a preponderance of the elements that the property owner knew or should have known that there was a dangerous condition on their premises and they either failed to remedy it or, if they did remedy it, they made the dangerous condition worse. A dangerous condition can be remedied by cleaning it, roping it off or placing a warning of the dangerous condition.
What should you do if you are injured in a slip-and-fall accident?
If you slip while in a store and injure yourself, there are several steps you can take. First, let the property owner know of the dangerous condition and your injury as soon as possible. Seek medical treatment if necessary and document your claims. It is important to note that there is a statute of limitations on personal injury claims, meaning that you only have so much time to file a lawsuit. Once the statute of limitations has passed, you can no longer sue even if you would have had grounds to do so previously.
Learn more about slip-and-fall accidents
Slip-and-fall accidents are unexpected, and in a second can change a person’s life forever. One minute you are shopping, the next you are on the ground with serious injuries. This post is for educational purposes only and does not contain legal advice. Those who have questions about slip-and-fall accidents may want to explore our firm’s website for further information.