Slip and Fall Injury Claims in New York
Watch the following educational legal video by New York Personal Injury Lawyer Anthony Rattoballi as he explains slip and fall injury claims in New York State.
If yours is a personal injury action, it will be comprised of three aspects which are part of every personal injury case. These include liability, or who was at fault; damages, based on how were you injured; and exposure, which measures the amount of insurance the person who injured you has. Slip and fall cases include the additional aspect of proof that the person who caused you to slip and fall – because of a hazard you encountered while on their property – had notice of the defect. If you fell into a hole in a person’s driveway, in addition to proving carelessness, damages, your injury, and their exposure, you must also prove they had notice of the defect in their driveway. You can do that in one of two ways. You can prove that they actually caused it themselves, or that they knew of it if you have evidence to support your claim, or you can do it by what they call constructive notice.
If it’s obvious that the hole in the driveway had been there for a long time – based on photographs you might have taken – and the hole was in an area where the person who owns the property would have seen it, you can prove that he or she had constructive notice of the defect. If I fell in a hole in that person’s driveway, I would bring a lawsuit seeking compensation for whatever damages or injuries, I sustained because a person has a duty to maintain their property and, based on the hold in the driveway, I would be able to prove that the person didn’t maintain his or her property. I would be able to prove they had notice of that hazard either by photographs or if I had evidence that the person saw it or that the person caused the defect.
If you’ve been injured, you can count on the experience of the attorneys at Aiello & Cannick. Anthony J. Rattoballi brings over 30 years of legal experience to the firm and has spent much of his career focusing on personal injury – many of his cases have ended in settlements exceeding $1 million. Contact us at our Maspeth, Queens office today to schedule a free and confidential consultation.