Borough Park Slip and Fall Lawyer
Borough Park has numerous locations and businesses where slip and fall accidents can occur. When you are injured in a fall, our lawyers can determine who is responsible for the property and file your claim against them.
In many cases, the property owner is liable for the dangerous conditions on their premises that cause guests injuries. However, a business, like a restaurant or grocery store, might be responsible if they lease and control the space where your slip and fall happened. In other cases, a government agency might be liable for the location where you were injured. Our team can identify the statute of limitations and determine if you must file your claim sooner than the three-year deadline. Once you meet with our team, we can handle litigation, including gathering crucial evidence and negotiating with the insurance company.
Reach out to our Brooklyn slip and fall lawyers at The Carrion Law Firm today at (718) 841-0083 for your free case assessment.
How Our Attorneys Recover Compensation for a Slip and Fall Accident in Borough Park, Brooklyn
Recovering compensation is no easy task after a slip and fall accident. The liable party can be challenging to identify, even when the victim knows how the incident occurred. Once the property owner or business responsible is determined, you will need evidence against them and records confirming your injuries. Our slip and fall attorneys can complete these steps while you recover and file your lawsuit before the deadline. More evidence can be collected after your case is filed to support our settlement negotiations with the defendant. Our team will also provide guidance on when you stand a better chance of being fully compensated in a trial.
Determining Who is Responsible for Your Accident
In general, property owners have a duty to keep their premises safe for guests and others they reasonably expect to be there. This duty extends to repairing or removing dangerous conditions that property owners are aware of and conducting reasonable inspections to identify unknown dangers that develop. When a dangerous condition cannot be repaired, removed, or is a natural part of the property, property owners have a duty to place warnings so that guests can avoid the hazard.
However, these duties do not always reside with the actual owner of the location where an accident occurred. Many property owners in Borough Park lease spaces to businesses like restaurants, stores, nightclubs, bars, and many others who do not own the premises but lease it for a certain period. In most cases, the lease agreement will transfer duties to keep the premises safe to the business that will have direct control over the property.
For instance, if a bar or restaurant fails to clean up a spill that they had a reasonable amount of time to discover and address, the business is usually liable, not the property owner. Perhaps you slipped and fell on ice outside of a store you were visiting. Again, the business is typically responsible for neglecting sidewalks adjoining the property or failing to warn customers of the danger. Even if the business did place warnings, it might still be liable if the warnings were hard to see or confused guests.
When an accident occurs in public outside of another’s business or property, determining liability gets much more challenging. You might have been injured because of an even sidewalk or sidewalks with tree roots underneath that make them unstable but the nearby property owner or business is not responsible for the area. In such situations, a borough or city government agency is usually liable for hazardous conditions in public places.
Collecting Evidence and Filing Your Complaint Before the Deadline
You will need evidence to prove who is liable for your slip and fall accident, how it happened, and the damages that resulted. The sooner you start your case, the better our chances of getting the relevant evidence you need.
If your accident happened in a business or public park, surveillance cameras likely recorded it. If you act fast, our team can obtain the footage before the owner deletes it. After taking your case, our lawyers will send a formal request to the defendant to preserve any relevant evidence in their possession, like video footage, or face punishment from the court. We can also use any pictures you took of the scene and your injuries as evidence.
Eyewitnesses often play a pivotal role but might forget details or be hard to find if the case is filed long after the incident. Witnesses can describe the sounds they heard when you impacted the ground, the pain they saw you experience, or when they first noticed the hazard. This can establish that the defendant had a reasonable amount of time to fix it but neglected to do so.
Medical evidence is necessary to justify the current and future treatments for which you are claiming damages. Medical records made right after the accident will also provide a causal connection to your injuries and the defendant’s negligence. If your injuries require long-term care, like physical therapy and future surgeries, our attorneys can use the evidence to argue the pain and suffering you are likely to experience.
Collecting this evidence takes time, and our attorneys will need to organize it so that it can be filed with the complaint and support the assertions made in it. However, C.V.P. Law § 214(5) only gives most victims three years to file a lawsuit, which is why you should contact our team right after your accident.
Negotiating Your Settlement and Arguing Your Case in Court
If we have the evidence to support your claim, the defendant will likely want to settle before a trial is necessary, as this is how most conclude. But you should never settle for less than what your injuries will demand. It might be best to go to trial if settlement offers do not satisfactorily compensate your economic and non-economic damages.
Call Our Borough Park, Brooklyn Slip and Fall Attorneys Today for Help Recovering Your Losses
Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our slip and fall attorneys.