Claiming compensation from the government
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According to premises liability laws, property owners are liable to ensure that their properties are a safe space for visitors. If property owners are negligent in maintaining their properties and someone gets hurt, that property owner may have to pay a sizeable sum to compensate the injured person for their medical bills, any lost wages due to days off work as well as personal pain and suffering.
Premises liability is sometimes referred to as slips and falls – mainly because many premises liability cases rest upon accidents where the injured slipped and fell on the property. Slippery surfaces are one of the top reasons why visitors slip and fall on someone else’s property. It can be due to a spilled beverage on a restaurant floor or due to wet floors without a warning sign. Or it can be as simple as a driveway that wasn’t adequately cleared of snow.
If you slipped and fell on someone else’s driveway, the first question that you need to answer is whether the owner could have reasonably prevented the accident in any way, in other words, was the accident caused by the owner’s negligence? The second question is whether the property owner could have reasonably expected you to be in his driveway. And the final question is whether you could’ve done something to prevent the accident – perhaps you were texting while walking and wasn’t paying attention to the surrounding conditions. A good personal injury lawyer can help you to answer all these questions and evaluate whether you have a case against the property owner or not.
Linden Law has represented a woman from Westchester County who fell on a driveway and fractured her wrist to such an extent that it required surgery. She was awarded $250 000 in a settlement to compensate her for her medical bills and other damages suffered. If you have been the victim of a slip and fall accident, call us at 212-804-8440 for a free consultation.
What you need to file a slip and fall claim
The last thing that you would imagine happening to you is falling over a kitchen appliance lying on a sidewalk. Yet, that’s what happened to one of Linden Law’s clients. The accident resulted in a fractured wrist which required surgery and Linden Law won the client $200 000 in terms of compensation.
While that sounds like quite a bizarre story, anyone can slip and fall on someone else’s property due to a number of reasons, including stray kitchen appliances. If this happens to you, you can decide to file a claim for compensation for your medical bills, any lost wages due to days off work and for any other damages and suffering caused by the accident, providing it was due to the property owner’s negligence.
What do you need to file a slip and fall claim?
There are three simple things that you need to do:
- File an accident report,
- Take pictures
- Preserve evidence.
File an accident report
If you slipped and fell in a store, you can do this by talking to the manager of the store. It’s important that your version of the accident is documented, including information of all your injuries and everything that took place at the time of your accident. Be sure to get a copy of the accident report.
Take pictures of the scene of the accident, the shoes and clothes you were wearing, and any physical injuries you sustained.
Start by getting the contact details of eyewitnesses so that your lawyer can contact them later for a statement, should the case go to court. If possible, secure and preserve the item that caused your fall. Keep a record of all your medical bills as well as medical reports from your doctor regarding any injuries you sustained that needed treatment.
If you ever slip and fall on someone else’s property due to their negligence, call Linden Law at 212-804-8440 for a free consultation.