Being injured in a slip and fall might feel like something that no one could have controlled. However, many slip and falls are actually caused by someone’s negligence – usually the property owner. Unsafe conditions, failing to warn guests of dangers, and negligent repairs can all leave people at risk of a slip and fall or trip and fall injury.
If you did suffer injuries in a trip and fall, working with a lawyer could get you reimbursement for your damages. This could include the cost of any medical care, any missed work, and any pain and suffering related to the accident.
For a free review of your potential injury case, call the slip and fall lawyers at The Carrion Law Firm today at (718) 841-0083.
Who is at Fault for a Slip and Fall Accident in Brookhaven, NY?
The owner or operator of the property where you were injured is usually the one responsible for upkeep and maintenance. If their property is unsafe and you slip and fall because of the dangerous condition, then our slip and fall lawyers can help you recover compensation from them. This can be true whether the owner/operator was present at the property at the time of the injury or not, but there are some elements and technical questions to address to determine who is at fault.
Elements
Property owners have a duty they owe their guests to keep the premises reasonably safe. Especially if they are conducting business on the property and inviting in customers or clients in, then they might have an even higher duty they owe those people. In any case, cleaning up or repairing dangers – or at least warning people about those dangers – is at the core of this duty.
When property owners or operators fail to do so, then they can be held liable for the accident. However, you must show that the knew or should have known about the danger. For example, if a spill happens in a store and you slip on it only moments after the spill happened, then whoever caused the spill might be responsible instead of the owner of the premises. But if the store leaves the spill there for hours even though they’ve been told about it, your slip and fall is likely the store’s fault.
Responsible Parties
Note that we have said “owner or operator” of the premises. In the case of rental properties – whether they be commercial properties or residential properties – the owner might hand over responsibility for day-to-day upkeep to the tenant. In that case, the tenant is usually liable instead of the property owner. The example above of a store is typical of this situation: even though the commercial space might be owned by a property company, the store that operates in that space is responsible for slip and falls in most cases.
In some cases, the duties are divided. Take, for example, an apartment building. Inside the tenant’s unit, the tenant is usually responsible, but the landlord might be responsible for upkeep in hallways, stairwells, laundry facilities, lobbies, walkways outside, parking lots, and other shared/common spaces.
Common Injuries in Slip and Fall Accidents in Brookhaven, NY
Injuries in a slip and fall can range from mild to very serious and even life-altering injuries. This might sound like an exaggeration since a fall-down injury seems like something that would be mundane. However, many people have preexisting conditions or injuries that lead to more serious injuries – and the at-fault parties are liable for their injuries as well.
Bruises
In many slip and fall injuries, the victim will suffer bruises. If these are the only injuries, that might not lead to much by way of medical care costs, lost time at work, or pain and suffering. Nonetheless, damages for these injuries could be available.
Broken Bones
More serious injuries like broken bones can lead to more substantial compensation. Healthy, athletic people are usually less susceptible to serious injuries in a fall-down accident, but children, older adults, and people with preexisting injuries or disabilities could face more serious injuries. For example, seniors often face broken bones in slip and fall injuries, potentially even requiring surgery to set the bones and implant rods and pins to ensure proper healing.
Concussions and Traumatic Brain Injury (TBI)
Hitting your head during a fall can lead to acute injury. Especially if you hit your head against a hard surface like concrete, the injuries could be substantial. In less serious cases, bumps and bruises might be all you suffer, but a concussion should be treated as more than a mild injury. Any time you hit your head, it is best to seek medical care to ensure there is no internal bleeding that could lead to more serious complications or death. Signs of a concussion often include light sensitivity, confusion, changes in mood, and vomiting.
With a traumatic brain injury (TBI), the injury could be enough to cause substantial effects. TBI can cause permanent brain damage, loss of function, cognitive impairment, and permanent disability.
Back and Spinal Injuries
A fall is often a recipe for disaster if you have preexisting back problems. Twisting or landing awkwardly during a fall could result in broken vertebrae, slipped disc injuries, impingement on the spinal cord, and other serious injuries. Even slight misalignment of the spine during an injury can leave you with recurring back pain, some of which might never heal or return to normal. If your injury actually damages the spinal cord, you could be left with numbness, motor skill issues, or even paralysis. Depending on the seriousness of your injury, recovery through surgery might or might not be possible, and you could be left with permanent disabilities.
Call Our Brookhaven Slip and Fall Injury Lawyers Today
After a slip and fall injury in Brookhaven, reach out to our slip and fall attorneys today at The Carrion Law Firm by calling (718) 841-0083.