Brain Injury
NEW YORK CITY SLIP AND FALL LAWYERS
The New York City Slip and Fall Lawyers at Kleinick Law handle brain injury cases due to slip and fall accidents. We help injured individuals in New York City (NYC), Brooklyn, Bronx, Manhattan, and the surrounding areas.
Slip and fall accidents , also known
as "Trip Slip and Fall" is a term for personal injury
cases which arise when injury is caused when a person slips and
falls as a result of a dangerous or hazardous condition on someone
else's property. Inside a building, dangerous conditions such as
torn carpeting, poor lighting, abrupt changes in flooring, broken
floors, narrow stairs or even an unmarked wet floor can cause you
to slip and hurt yourself. Outside a building you may slip and fall
because of rain, ice, snow or a hidden hazard such as a gap or hard
to see hole in the ground. Slip and fall accidents can occur on
commercial, residential or public property such as: MTA, city parks,
grocery stores, sidewalk, bus stops, train or subway stations. Regardless
of where accident occurs, all property or building owners have a
certain level of responsibility to provide a safe environment. According to the National Center for Injury Prevention
and Control, slip and fall accidents are the second leading cause
of brain injury among adults.
Slip and fall lawyers practice in a area of law
know as premises liability. It is negligence law which primarily
focuses on the responsibility of the property owner. It is a lawyer'
s responsibility to then bring claims for injuries suffered on the
property of another due to careless.
Keith Kleinick is a licensed structured settlement broker who can give you information about how a structured settlement can benefit you if you are currently receiving compensation for a brain injury due to a slip and fall accident.
REASONS FOR SLIP AND FALL ACCIDENTS
A slip and fall accident attorney must prove the
following three elements to win:
- The property owner created the hazard.
- The property owner knew or should have known about the hazard.
- The property owner failed to meet their responsibility by either removing or repairing the hazard.
BURDEN OF PROOF IN SLIP AND FALL LAWSUITS
The injured party bringing the cause of action
has the burden of proof the establish when the hazard first appeared
and that the property owner should have known. It is critical to
investigate and find evidence to establish the history of this condition.
At that point a slip and fall accident lawyer will preserve this
evidence to establish the proof of the case.
EXAMPLES OF SLIP AND FALL CASES
If you slip and fall on a grape in a grocery store,
absent is the evidence of when the grape first fell onto the floor,
it may be difficult that the store knew or should have known about
this dangerous condition. If the grape fell onto the floor one minute
before you arrived then the store most likely would not have known
about it. Since the plaintiffs have the burden of proof, proving
when the hazard first appeared and that the store should have known
about the hazard presents problems in certain cases.
Structural Defects
Structural damages to a building are often due
to age or wear and tear, but can cause a significant injury. Uneven
steps, parking lot holes, cracked sidewalks, broken tile or torn
carpeting can create dangerous situations for visitors or occupants
of a building.
Building Code Violations
A negligence lawyer can prove a case by violation
of statute. Building owners must ensure that their buildings structure
is in compliance with all applicable building codes. For example,
handrails and other similar structures typically must be installed
at a certain and general height. If you fall on a stairway that
lacked the appropriate handrails and therefore caused your injuries,
you may have a valid claim against the building owner for violating
building codes.
Weather Accidents
Weather related accidents
are difficult cases for injured people. Land owners are generally
expected to take reasonable to reduce hazards created by bad weather.
This can include shoveling snow, salting or sanding icy and slippery
spots and installing anti-slip devices on outdoor steps.
YOUR LEGAL RIGHTS
To protect your legal rights following a brain injury caused by
slip and fall accident, it is wise to consult an attorney who is
experienced, knowledgeable, and specializes in handling slip and
fall cases.
The New York City Slip and Fall Lawyers at Kleinick Law use their many years of experience in handling slip and fall injury
cases to investigate every possible factor that would cause an accident,
and to ensure that you receive full compensation for you or your
loved one's injuries.
If you or someone you know has suffered a brain injury as a result of a slip and fall accident, contact our New York City Slip and Fall Lawyers at Kleinick Law and fill out a free case evaluation form today. Your initial consultation is FREE! "If we don't win, you don't pay!"
|