Injuries from slip and fall incidents are common and can be serious, though the severity is not always evident at the time of the fall. Many factors can contribute to a fall, including poor lighting and hazardous conditions.
If a property owner or another party failed to meet the standard of care owed to you and you were injured, then you may be able to file a legal claim for compensation. An experienced White Plains slip and fall lawyer should help you understand the laws and evaluate the circumstances of your case to determine whether you may be entitled to monetary compensation. Our skilled personal injury attorneys at Tomkiel & Tomkiel should be able to help you seek a full and fair amount for your claim.
Who May Be Found Liable
Slip and fall cases fall under premises liability law. The owner of a property owes a certain duty of care to individuals invited onto the property. For instance, a store owes a duty to shoppers to keep the premises free from hazardous conditions or to warn of any such conditions and take action to prevent guests from being injured.
The owner or manager of the property or its employees can be held liable for negligence if they caused the dangerous condition, knew of the dangerous condition, or reasonably should have known of the condition if they had exercised due diligence in maintaining their premises.
For example, if a customer in a grocery store drops a carton of milk and it spills across the floor tiles, and then another customer slips and falls hard because of that spill, is the store owner liable for the customer’s injuries? Many factors go into determining who is liable. In this instance, it may be important to ask: How many minutes had passed? Should the store staff have cleaned up the milk? Were they negligent in not inspecting the floor regularly? Did they know about the milk?
A company or their insurance carrier may try to argue that the store was not negligent as they were not noticed of, or had control over, the spilled milk. An accomplished White Plains slip and fall lawyer at Tomkiel & Tomkiel has the ability to help determine how much compensation may be available to you.
Options and Limitations in a White Plains Slip and Fall Case
Those who are injured from a fall caused by slipping or tripping may have different options for seeking compensation depending on their circumstances. Generally, they could file a claim with the property owner’s insurance company, or they could pursue an action in a court of law.
As is the case with most accidents in life, often more than one factor contributes to a slip and fall incident. If the party who was hurt in a slip and fall case was partially responsible for the incident, then their potential compensation could be reduced by the percentage of total fault they bear. A White Plains slip and fall attorney may review your case and determine the best options for you.
The statute of limitations on personal injury cases requires claims for injuries from a slip and fall incident to be filed within three years. If the slip and fall results in death, a wrongful death claim generally must be filed within two years of the decedent’s death to be considered valid.
Seek Help from a White Plains Slip and Fall Attorney
Often the end result of a slip and fall case will depend on evidence collected soon after the incident. A knowledgeable White Plains slip and fall lawyer should help collect and preserve vital evidence. In addition, your attorney could advocate on your behalf in negotiations with insurance companies and help you evaluate the full value of your claim.
If you are were hurt in a slip and fall accident, contact a skilled attorney with Tomkiel & Tomkiel today for a free consultation to find out how to protect your rights and how we could work to obtain all available compensation for you.