Who Is at Fault? 2 FAQs about Slip and Fall Cases

Written by
Abraham Jaros
Updated on Monday, Sep 11, 2023

Whether they happen on a commercial or residential property, slips and falls can cause serious injuries and even fatalities. Not only are these accidents common, but according to the Centers for Disease Control and Prevention, hundreds of thousands of people suffer severe injuries from falling each year.

It can be challenging to focus on the legal aspect of a slip and fall case once you have been injured; recovery should always be a priority. At some point, though, you may wish to recover compensation from the at-fault party via a civil lawsuit. If you have been injured in a slip and fall accident and would like to speak with a personal-injury attorney in New York City, contact Jaroslawicz & Jaros, PLLC at 212.227.2780. In the meantime, read on for the answers to two common questions about slips and falls:

  1. Who Is at Fault?

This is one of the first and most important questions concerning a slip and fall case. For a claim to be successful, the plaintiff must prove that the defendant acted negligently in some way, and that this negligence caused a specific injury. It is also important to determine if the victim was an invitee, licensee or trespasser. These distinctions can affect whether a person is eligible for damages. Invitees are people who have been openly welcomed to a specific area, whether it was a commercial or residential property. This applies to both customers and invited guests. In these situations, the inviter is responsible for keeping the area safe, and any evidence to the contrary may be considered proof of negligence. If the plaintiff was a licensee or trespasser, then he or she may not be eligible for damages. Licensees are individuals who visit a property for their personal interests, which may be separate from the interests of the property owner. Trespassers are individuals who illegally enter a property without express permission

  1. What Should I Do If I Have Sustained a Slip and Fall Injury?

If you have been injured in a slip and fall, then you should draw awareness to the accident immediately. Notify the property owner or a store manager as soon as possible. If the slip and fall goes unreported for a significant amount of time, then it may be difficult to link the injuries to the incident. Next, your immediate priority should be seeking medical attention. A doctor’s record may be critical evidence if you decide to pursue damages. Finally, get in touch with an attorney. An experienced personal-injury lawyer can evaluate your situation to determine if pursuing damages would be in your best interests. If so, your attorney can walk you through the claims process and fight for the maximum compensation. If you have recently been injured as a result of another person’s negligence, call Jaroslawicz & Jaros, PLLC at 212.227.2780. We can handle the legal side of your accident so you can focus on recovery.

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.