Literally everywhere you go, there is a chance that someone’s mistake
or negligence could send you toppling painfully to the ground. It probably
comes as no surprise then that
slip and fall injuries trigger more lawsuits than most other claims in the country. It may also
not be a shock to find that something as common as a slip and fall lawsuit
has also stirred up quite a few myths and falsities throughout the years.
If you are thinking you need to file a personal injury claim after slipping
and falling, some of these myths might be muddling up your thinking process.
To help clear your head and get to the truth of the matter, we discuss
the top five slip and fall lawsuit myths you have probably heard but never
knew they weren’t true.
You are always to blame.
If you get hit in a
car accident, the other driver did something wrong, clearly. But what about if you
slip and fall? Aren’t you the only one who is liable? After all,
you’re the only one in control of your own balance. The truth is
that property owners must provide reasonably safe places for guests and
visitors. Loose carpeting, slippery floors, missing handrails, and so
much more can be cause for a
premises liability claim if you trip or slip.
You can’t get hurt just from falling down.
Tell that to gravity. A tumble of any kind can cause serious sprains,
back injury, and more, especially if the person falls onto hard concrete or tiling
and lands at an awkward angle. In fact, slip and fall injuries are the
leading cause of accidental death among elders over the age of 65.
The wet floor sign removes all liability from the property owner.
It is true that a wet floor sign does provide
some warning to people that there could be a slip hazard ahead. But it is
not true that the presence of a sign completely excuses a property owner from
addressing serious trip hazards. Imagine that a broken water fountain
caused an entire aisle in a retail store to flood and become slippery,
but the owner put down a yellow warning sign. This is clearly not enough
to solve the problem and full liability for any accidents can still land
in the owner’s lap.
As the plaintiff, your only evidence is your word.
Maybe, but only if you let it be that way. After slipping and falling
on someone else’s property, you should immediately photograph the
area with your phone, if possible. You should also talk to eyewitnesses
and ask for written statements. If you fell in a retail store, you have
the right to ask for security camera footage that may exist and that shows
your tumble. If they refuse, let your attorney know and they can tell
you how to use discovery methods during your case.
You need to create your lawsuit right away.
While this is a possibility, it might not be the right choice for your
slip and fall case. It is generally advised that you see a doctor to get
an idea of the full extent of your injuries and then see an attorney about
how to properly pursue compensation. In New York, you have three whole
years before you can file your lawsuit so there isn’t any reason
to immediately rush past these two important steps.
Speaking of speaking to an attorney, if you slipped and fell, talk to our
Kingston personal injury attorneys from Mainetti, Mainetti & O'Connor,
P.C. During a
free case evaluation, we can help you figure out if you have grounds for a lawsuit, or how
much your case is probably worth. Call
845.340.HURT to reach us today – we also serve Poughkeepsie and Newburgh!