Personal Injury Lawyer in Long Island, NY Discusses Collecting Evidence for a Slip and Fall Claim

Injured on someone’s property? A personal injury lawyer in Long Island, NY at Gacovino, Lake & Associates may be able to help with your slip and fall claim. Evidence will be critical to your case in order to show that it was the negligence of another party that is responsible for your injuries. 

Part of your case might also include refuting any claims that you were partially or completely at fault for the accident. Since these types of cases can sometimes be very difficult to prove, make sure that you have legal counsel on your side. 

Slip and Fall Claim: Evidence That May Help 

You and/or your attorney may need to look for evidence that demonstrates what happened that led to the accident and caused your injuries. Sometimes it is obvious, such as a puddle of spilled oil that caused you to slip. But other times defects that may not be so obvious may be responsible for your accident, such as uneven ground. 

If possible, you should take pictures of the area in which you slipped or fell. This is especially true if there is an obvious hazard. 

Some examples of hazards you would want to photograph are: 

  • a worn area;
  • slippery surfaces;
  • stairs that are in disrepair; and 
  • an accumulation of ice, snow or water. 

You can also look into building codes to see if there were any violations. For instance, handrails may be required on certain types of stairs or there may be requirements concerning their height and width. If handrails are missing or they weren’t properly installed, it could have been the cause for your slip and fall. But there are other types of building code violations that could be responsible for your accident. 

The stairs must meet certain height and depth requirements. This is also true when it comes to the uniformity of the distance between steps. If there is a sudden change in the height of one step to the next, this could lead to a fall. 

Evidence can sometimes be found in the testimony of a bystander or witness to your accident. He or she may be able to describe what caused you to slip or fall. If you slipped in a store, an employee could also provide a statement as to hazards that may have existed. Talking with others can sometimes be extremely helpful to your claim. 

Keep in mind that when it comes to a slip and fall claim, evidence isn’t always enough to show negligence. A hazard could exist, but the owner may not have been given enough time to correct it or may not have been aware of it. 

Let’s say a recent ice storm swept through the area and the path from the sidewalk to a store was iced over. If the condition persisted for several hours or days after the storm had passed without posted warnings, it may be considered negligent. However, if the icy conditions were present for a short time before you slipped and fell, it may not have been reasonable to expect an immediate correction. 

Contacting a Personal Injury Lawyer in Long Island, NY 

There are many factors that go into determining liability in a slip and fall claim. Evidence can be difficult to come by in some cases, but don’t let this deter you if you have suffered serious injuries. Consult with a personal injury lawyer in Long Island, NY at Gacovino, Lake & Associates to help you determine if you have a viable claim. 

Slips and falls are not uncommon, but when they are the result of negligence and lead to significant injuries, you may have the right to seek compensation to cover damages. While minor incidents may lead to bumps and bruises, serious accidents of this nature can lead to fractures, head trauma, injury to the spinal cord and other devastating consequences. 

For help understanding your rights and to learn if legal options are available, contact a personal injury lawyer in Long Island, NY at Gacovino, Lake & Associates. Our law firm can be reached at 1-800-246-HURT (4878). 

Share
Related Posts