We often do not expect a minor slip-and-fall accident to have a life-altering impact. Unfortunately, that is not true. These incidents can usually lead to serious injuries and significant disruptions to a victim’s life. While we can try to prevent such accidents, you could still be a victim, especially if they happen due to someone else’s negligence or wrongdoing.
Those who suffer slip-and-fall accidents due to someone else’s fault, such as the property owner’s negligence in keeping their premises safe, have the right to seek compensation for their losses. However, the process to recover full and fair compensatory damages may not be as straightforward as you expect. Having a Buffalo slip-and-fall lawyer on your side can play a key role in ensuring you understand your rights and are able to secure maximum compensation.
Overview Of Slip-and-Fall Accidents in Buffalo
Slip-and-fall accidents refer to all types of accidents caused by slipping, tripping, or falling. While such accidents are relatively common, their unpredictable nature makes them dangerous. For example, a fall on grass while playing a sport might not be as hazardous as tripping onto a busy street or falling down a flight of stairs. The potential for serious injury varies greatly depending on the circumstances.
When slip-and-fall accidents happen on someone else’s property, it becomes a premises liability case. Property owners or operators have a legal obligation to maintain a safe environment and can be held liable if their negligence leads to injuries. The responsibility for the accident depends on who was responsible for fixing the safety hazard. If a property owner has rented its space, then the response could fall on the tenants. However, if the fix required action from the landlord, then they could be liable for the damages. It may require some investigation and evidence gathering to establish liability for a slip and fall accident.
Common Causes Of Slip-and-Fall Accidents
Slip-and-fall accidents can occur for various reasons. Some of the most common causes include wet or slippery surfaces, such as recently mopped floors or spilled liquid. This is most common in commercial settings, such as retail stores or shops, but it can also happen in residential properties. Other common causes include cracked sidewalks, torn carpeting, or uneven surfaces. Poor lighting can reduce visibility and increase the likelihood of tripping over obstacles.
In some cases, slip-and-fall accidents are partially the victim’s fault. Not wearing appropriate footwear or paying attention to where you are going can contribute to these accidents. However, even when the victim shares some blame, property owners can still be held responsible if they fail to maintain a safe environment.
Impact Of These Incidents On Victims’ Lives
Regardless of how a slip-and-fall accident happens, it can have a profound impact on the victim’s lives. One of the first reactions to a falling accident is shock or embarrassment; however, the consequences can extend far beyond that. Victims can suffer from physical injuries, such as traumatic brain injuries (TBIs), broken bones, and spinal cord injuries. To treat these injuries, the victim may need prolonged rest, surgery, rehabilitation, and lifestyle changes.
In severe cases, the victim may struggle to perform everyday activities. They may suffer from loss of earning potential and, as a result, may have to change careers to settle for making less money as a result of the injury. This is most common in cases where the victims suffer a permanent disability due to the slip and fall accident.
The financial burden of suffering a serious slip-and-fall accident can be significant. The medical bills can increase quickly if additional treatments, surgeries, or therapies are required. Not only could the victim have to bear the costs of medical bills, but may also suffer lost wages. Any personal property that was on the victim at the time of the accident can also be damaged.
The emotional and psychological effects should not be underestimated either. Victims may experience anxiety, depression, and a sense of helplessness. This is especially true if they are unable to return to their routine or take on their usual responsibilities. This emotional strain can take a toll on their relationships with family and friends, leading to isolation and additional stress. In some instances, the trauma from the accident can lead to long-term mental health issues needing ongoing therapy.
Legal Aspects Of Slip-and-Fall Cases in Buffalo
The legal process involved in a slip-and-fall claim or lawsuit can be quite complex and daunting for victims. However, understanding the basics of the legal aspects can help you navigate the process and also make informed decisions regarding the case.
Understanding Premises Liability in Buffalo
One of the most contentious issues in a slip-and-fall accident case is who was at fault. The issue boils down to premises liability, which holds property owners, operators, or occupiers responsible for ensuring the safety of visitors. If these parties failed to address safety hazards on their premises, they would likely be found liable for any resulting damages.
To establish liability, the victim must prove several key elements. First, they must demonstrate that the defendant owed them a duty of care. This means showing that the party in control of the property had a legal obligation to ensure the premises were safe. This party can be owners, tenants, maintenance contractors, or anyone else who was responsible for safety at the premises.
It is worth noting that slip-and-fall cases are related directly to falling, while premises liability covers all types of incidents at the property, such as theft, vandalism, or assault. So basically, slip-and-fall accidents are a subcategory of premises liability, which covers a broader range of cases.
The party in control of the property is responsible for either fixing the safety hazard that poses a threat or adequately warning visitors about the danger. For example, suppose the property owner has time to resolve the issue before visitors arrive on the premises. In that case, it is their responsibility to put up clear warning signs or barriers to alert people of the potential danger.
In a commercial setting, it is common for property managers to place wet floor signs or install warning tapes around areas that are closed for maintenance or are being repaired or constructed. This is a vital step for ensuring the safety of visitors, and failure to provide such warnings can be considered negligence. It can result in liability for any accidents that occur.
Proving Negligence In Slip-and-Fall Cases
How can a victim of a slip-and-fall accident prove that the opposing party was negligent? This is often one of the most challenging aspects of such cases. After all, it can be difficult to confirm that the property owner was aware of the issue; they had the time and resources to fix the problem, and yet they failed in their duty toward visitors.
The plaintiff must show that the defendant breached their duty by allowing a hazardous condition to exist or failing to address it in a reasonable time. Breach of duty occurs when the party in control does not take the necessary precautions to prevent accidents, such as neglecting to clean up spills or repairing broken handrails.
The next element is to establish a direct link between the defendant’s negligence or actions to the accident. This means that the plaintiff not only has proof that the defendant breached the duty of care but also that it directly led to their injury. Finally, the plaintiff must provide evidence of the injuries and losses from the accident. These four elements must be proven for a successful slip and fall accident claim.
Establishing liability in a slip-and-fall accident relies heavily on the evidence you can gather and submit with your claim or lawsuit. This includes the quality, relevance, and admissibility of the evidence. Commonly used proof in slip-and-fall cases includes eyewitness statements, surveillance footage, police reports, and medical records. However, any evidence that you support your claim can be helpful in your case.
You can seek assistance from a skilled and experienced slip-and-fall accident attorney to help you gather evidence and build a strong case. The attorney may be able to access and gather evidence that you may not be able to. For example, they may be able to obtain surveillance footage from the property, maintenance records, or inspection reports that demonstrate the property owner’s awareness of the hazard and their failure to address the issue.
Does the Property Owner Have Responsibility for All Types of Visitors?
Property owners have responsibilities toward visitors, but the extent of those responsibilities can vary depending on the type of visitor. Invitees are individuals who are on the property for mutual benefit, such as customers in a store or clients in an office. Property owners owe invitees the highest duty of care. They must regularly inspect the premises for safety hazards and warn invitees of any potential dangers.
Property owners also have a high degree of responsibility toward licensees, who are visitors permitted to be on the property. However, unlike invitees, the licensees are on the property for their purposes, such as social guests at a house. Property owners must ensure that licensees are warned of any known hazards that are not obvious.
The last responsibility is for trespassers who are on the property without permission. The property owners will not have to warn them of any safety hazards, but they must avoid willful harm. This means that if they are aware of trespassers on their property, they should not take actions that would intentionally cause injury to them. For example, they should not set traps or deliberately create dangerous conditions.
Children are given special consideration in premises liability as part of the attractive nuisance doctrine. According to this doctrine, property owners must be extra cautious about safety hazards that could attract children. This includes hazards such as swimming pools or trampolines. Even if a child is trespassing, the property owner could be held liable if they fail to take reasonable steps to secure these hazards.
Steps To Take After A Slip-and-Fall Accident in Buffalo
There are several essential things to do after a slip-and-fall accident. The first step is to assess whether you need to get medical attention. In most cases, it is best to get a medical check. Some injuries might not appear that serious immediately after the fall, but the symptoms can either get worse or remain at the same level, indicating a serious injury.
Victims often expect their symptoms to subside in a few days, but if they do not, it indicates a serious injury. Once they realize that they have suffered a more serious injury than they thought, they often regret not getting medical attention immediately after the slip-and-fall incident. Do not make this mistake. Get a medical evaluation as soon as possible. Follow your doctor’s advice, including any follow-ups or therapy sessions that they prescribe.
Another key benefit of medical attention is that it serves as a record that can be used as evidence in a personal injury claim, lawsuit, or other legal action.
Notify the property owner, manager, or supervisor about your fall as soon as possible. However, do not engage in any confrontation as that can be used against you in the claim or lawsuit against the at-fault party. If your condition allows, try to gather as much evidence as possible from the accident site, including witness information and photos or videos of the safety hazard that caused the accident. Note the date, time, and location of the accident, and write down any details while they are fresh in your memory.
Be cautious about what you say after the accident. Avoid admitting fault or making statements that could be used against you later. Stick to factual descriptions of what happened without speculating on blame.
The critical step to take after a slip-and-fall accident is to contact a personal injury lawyer. Consulting with an attorney can help you understand your rights and legal options. They can also guide you through each step of the process to recover compensation. Ideally, you want to engage the attorney as early in the process. So, as soon as you have taken care of all the immediate steps after the accident, such as notifying the police and getting medical attention, you should get in touch with an attorney.
You are welcome to get in touch with one of our slip-and-fall accident attorneys at Mazzu Law. We have extensive experience in slip-and-fall cases and would be glad to offer you legal guidance and representation through the process.
Understanding Compensation for Slip-and-Fall Accident Injuries
One of the questions we get asked a lot is what compensation is available to victims of slip-and-fall accidents. Technically, you have the right to seek compensation for all types of damages or losses that were directly caused by the accident. However, you will have to prove that is the case through evidence.
If you are claiming medical expenses, then you will have to provide medical bills for your hospital visits, surgeries, medications, physical therapy, or other types of medical care that were necessary due to the accident. You may not be able to recover compensation for medical care that you got in addition to what was required, such as elective procedures or treatments not directly related to the injuries sustained in the slip and fall accident.
As a result of the accident, you may suffer from lost wages or a loss of earning potential. Such damages can also be claimed in a slip-and-fall accident case. You can submit proof from your employer or business records to demote the losses you incurred due to the accident.
Compensation for property damages in slip-and-fall accidents is also available. This includes damage to clothing or personal belongings such as a cell phone or wristwatch. Economic losses, such as pain and suffering, are typically easier to prove than non-economic losses. Injury victims can often suffer from anxiety, depression, mental trauma, and other mental health conditions due to the accident, and they have the right to seek compensation for these.
To prove non-economic losses, you can provide detailed documentation of your mental health condition, such as medical records from mental health professionals and therapy session notes. You can also use professional psychosocial evaluations as evidence for mental health conditions as a result of the accident. It is essential to demonstrate how the accident has affected your day-to-day life and overall quality of life. Supplemental evidence, such as statements from family members and friends on the impact of the accident on your life, could also help.
Preventing Slip-and-Fall Accidents
The consequences of a slip-and-fall accident can be unpredictable. However, visitors and property owners can take some steps to minimize the likelihood of suffering such accidents. To prevent slip-and-fall accidents, visitors can stay alert and watch for potential hazards, such as wet floors, uneven surfaces, and obstacles in walkways. They can also wear appropriate footwear for the environment. For example, if they are expecting to walk outdoors in icy conditions, they may want to wear shoes that offer good traction.
Avoiding distractions while moving around on the property is essential in preventing such accidents. Cell phones are a leading cause of distraction. Visitors need to be extra cautious when they are at someone else’s property, as they might not be familiar with any safety hazards.
Property owners play a crucial role in preventing slip-and-fall accidents. They should regularly inspect and maintain their premises to identify and address potential hazards promptly. They may also need to hire and train staff to fix any potential safety threats. In addition, installing non-slip mats in high-risk areas, such as entryways and bathrooms, can provide additional safety. Property owners should also display clear warning signs for any temporary hazards, like wet floors or maintenance work.
Why Choose Mazzu Law?
Slip and fall cases can be tricky to navigate, and that is where Mazzu Law, PLLC, comes in. We are here to make the journey as smooth as possible, guiding you every step of the way. We understand the impact such accidents can have on your life. From time off work and medical bills to gathering evidence and filing claims, it can be a challenging and stressful experience to recover compensation for such an accident. Allow us to help you protect your rights and recover compensation for your losses.
At Mazzu Law, we take a personalized approach to each case. This means that our injury lawyer in Buffalo, NY, will conduct an in-depth assessment of your case, including a review of the evidence and circumstances of the accident.
We give each case our personalized attention, allowing us to tailor our legal strategy to its specific needs. We also believe in keeping our clients informed and ensuring we remain accessible throughout the process. Our team is always available to answer questions, address concerns, and provide the support you need.
To learn more about our approach to slip-and-fall accident cases, please contact us to schedule a free consultation. After assessing your case in the initial consultation, we can share your best legal options. If you choose to hire us, we can start building a strong case to support your claim. To get started, call us to schedule your free consultation with Mazzu Law.
Why is Picking the Right Attorney Important?
So, there may be plenty of options when it comes to personal injury attorneys in Buffalo, NY. So, how do you choose the right attorney? You need to consider several factors in this decision. You want to pick an attorney who has extensive experience in slip-and-fall cases and is well-versed in New York’s legal landscape and the specific laws that apply to such cases. At Mazzu Law, we are proud to have an outstanding track record of helping clients get justice in their slip-and-fall accident cases. If you want to learn how we can use our experience to help you, please contact us.
FAQs
Can Multiple Parties By At Fault For A Slip-and-Fall Accident?
Yes, Buffalo follows a pure comparative negligence rule for premises liability cases, such as slip and fall accidents. In simple terms, multiple parties can share the blame for an accident. Let’s say you slip on a wet floor at a grocery store. Maybe the store did not put up a “wet floor” sign, but perhaps you were also not paying attention while walking. In this case, both you and the store could be partially at fault.
The percentage of fault for each party comes into play in the comparative negligence rule. If the store was determined to be 70% at fault, and you are 30% at fault, then your compensation will be adjusted according to your share of fault in the accident. This will be reflected in the total compensation you are rewarded for your damages.
With pure comparative negligence, you could receive some compensation even if you are primarily responsible for the accident. More than two parties could also be held liable for slip and fall accidents. Your compensation will then be divided up based on these percentages.
How Long Do I Have To File A Slip-and-Fall Lawsuit In Buffalo?
In Buffalo, the statute of limitations for filing a slip and fall lawsuit is generally three years from the date of the accident. If you miss this deadline, you may not be able to recover compensation for your losses. It is essential to consult with a slip and fall attorney in Buffalo as soon as possible to ensure you meet all deadlines and preserve evidence.
Acting quickly helps you gather fresh evidence, secure witness statements, and build a stronger case overall. Do not wait too long, or you might jeopardize your chance to get the compensation you deserve. If an issue is delaying your response, share that with your attorney. Your case may qualify for an exception or exemption from the statute of limitations.
How Do I Know If My Slip-and-Fall Case Is Worth Pursuing?
Each slip-and-fall accident case is unique, so to assess whether your case is worth pursuing, you will have to consult with an experienced attorney. Several factors have to be taken into consideration, including the severity of your injuries. If the fall accident resulted in medical expense, lost wages, or other severe consequences, it is generally worth pursuing the case to recover compensation.
It is also essential to consider the evidence you have. The stronger your evidence, the better your chances, and the more it makes sense to pursue the case. Other factors to consider include how much you were at fault for the accident, the liability of the property owner or other parties, and the potential compensation you may receive. Seek slip-and fall-legal help in Buffalo to learn more about whether your case is worth pursuing.