Determining Damages in Your New York Slip and Fall Case
When you are injured in a slip and fall case, it can be challenging to determine how much your case is worth without the assistance of an experienced attorney. Settlements and verdicts in slip and fall cases can range in value from a few thousand dollars to several million depending on the circumstances and the extent of the injuries.
Several factors go into determining the amount of recovery you will receive for your injuries, including:
- The severity of your injuries
- Medical costs related to the incident
- Lost wages and earning potential
- The jurisdiction where your case will be heard
- Any contributory negligence
- Your pain and suffering in cases of serious injuries
- Whether you hire an attorney
If you have been injured in a slip and fall, call Injured 914 for a free consultation. Our attorneys can assist you in determining how much you might receive in your case. We are experienced litigators that have recovered millions of dollars on behalf of our clients in verdicts and settlements. Slip and fall cases can be complex, requiring subpoenaing of evidence and witness depositions to determine liability. We are staunch victims’ advocates and will fight hard to get you the money you deserve. If you were injured in Westchester County or the surrounding area, call today at (914) 368-7168.
Never Accept a Settlement Without Review
You should always have your case reviewed by an attorney prior to accepting a settlement from the insurance company or a negligent party. You may be signing away your right to pursue further damages. In many cases, an insurance company will try to get you to settle for significantly lower than your case is worth. In order to get the most extensive recovery in your slip and fall case, you need to have an experienced attorney review the claim.
After a slip and fall that results in a serious injury, you may not know where to turn. The legal system can be overwhelming and confusing. Insurance companies know that most people do not know their rights and, if pressured, will settle their claim for far less than it is worth. As an injury victim, you have rights. You need an attorney who knows the law and will help you get the most money for your injuries.
Proving Liability in a Slip and Fall Case
Slip and fall cases are based on a cause of action for premises liability. Under New York Law, a party that owns, occupies, or controls a property has a duty to maintain the property in a “reasonably safe condition” and must protect others from dangerous conditions on the property. Failure to keep a premises in a reasonably safe condition or to repair a defective condition in which the person “in control” of the property had actual or constructive notice of can result in liability.
In determining liability and the amount of damages, a trier of fact may look at whether:
- The defect was actually “dangerous.”
- The defect was “trivial.”
- It was an “open and obvious” condition.
- The dangerous condition existed for a substantial period of time.
- The defendant had enough time to discover and remedy the defect.
- There was a “storm in progress.”
- There was notice of the defect.
In some cases, there may be multiple parties that can be held liable in a case. After an examination of the evidence, it may also be determined that the person injured was partially at fault for his or her injuries. Under New York law, however, a plaintiff’s contributory negligence or culpable conduct does not bar recovery.
Without the help of a knowledgeable attorney, you may not get the maximum recovery available in your case. It is imperative to have an independent investigation conducted before signing any settlement agreements. Depending on the circumstances, you may still be able to collect even if there was an assumption of risk or partial fault on your part.
Examples of New York Slip and Fall Cases
The American Cancer Society was found to owe a duty of care to a contract employee who tripped over an untapped cable. The untapped cable, which possibly existed for over an hour, was deemed a visible, dangerous condition (Stevenson v. Saratoga Performing Arts Ctr., 115 A.D.3d 1086 [3rd Dep’t 2014]).
According to the New York Post, last year, a renowned cellist received a $10.9 million verdict after she was injured, slipping on black ice in the parking lot of Balducci’s, a gourmet food market in Scarsdale. The fall resulted in serious injuries that prevent the cellist from playing her instrument.
An infamous alleged mobster received a $250,000 settlement after a “prison ping-pong fall,” as written in the New York Daily News. As noted in the article, federal prosecutors are now seeking to have at least part of his settlement forfeited to pay victim restitution. The mobster is serving a 19 ½ year sentence in a federal prison.
The owner of a store was held responsible when a plaintiff tripped and fell over a box of merchandise left at the end of an aisle. (Carpenter v. 130 W. Merrick, Inc., 71 A.D.3d 715 [2d Dep’t 2010]).
Getting the Compensation You Deserve After a Slip and Fall Accident
At Injured 914, we are committed to getting injury victims the maximum compensation allowed under state and federal law. With a combined experience of over 100 years, our attorneys know how to hold liable property owners responsible for their negligence. We provide aggressive, compassionate representation for our clients.
If you have been injured in a slip and fall accident, we can help get you recovery for your losses. You only have a limited amount of time to bring a claim, so call today for a free case evaluation at (914) 368-7168 or fill out our online contact form to discuss your legal options.