Collecting Evidence After a New York Slip and Fall Injury
February 5, 2016 | Personal Injury
Broken hips, fractured clavicles, sprained and torn ligaments, traumatic brain injuries — this is not a list of injuries solely owned by horrendous auto accidents. These injuries are frequent results of premises slip and falls. According to the Centers for Disease and Control and Prevention (CDC), millions of people are injured in slip and falls. They are particularly dangerous for people 65 years old or older. In fact, one of out three people 65 years old or more take a bad fall every year. Of the fall victims, 2.5 million seek medical attention in emergency departments and 700,000 require hospitalization. Hip fractures are incredibly dangerous for older fall victims. 65-69 year-old women who fracture a hip are five times more likely to die within the year than women of the same age who do not break a hip, according to a Kaiser Permanente study. Men are at risk too; men 65-69 years old who fracture a hip have a 30.9% chance of dying within the year as found in an Italian study that spanned the years 2006 and 2007.
Businesses Have a Duty of Care
All business owners are bound by the law of duty to act with care. This means, among other things, that their premises must be safe at all times for all of their invitees. In terms of an unsafe premises in regards to a slip and fall, a wet or slippery floor, walkway that has cords or other unsafe obstacles that could cause someone to trip, or an outside entrance that is covered in a thick slab of ice could all be considered a failure to act with care. Failure to act with care is negligence in the eyes of the law, and the negligent party may be bound to pay damages to you or your loved one in the event of a slip and fall injury in New York.
Immediately Collect Evidence After a Slip and Fall
As with any accident that results in injury due to the fault of another’s carelessness or recklessness, it is important to quickly take steps to preserve evidence. In order to collect any compensation, you must be able to prove negligence, which requires evidence and can be bolstered by witness testimony. Follow the below guidelines below in the event of a slip and fall:
- Immediately call for medical help if needed
- Document the cause of the fall with picture evidence. The manager or owner of the business may take steps to remove the evidence of a slippery floor by cleaning up once you leave, and then denying any wrongdoing when pressed by an attorney
- Report the fall and injury to the manager or business owner
- Gather witness testimony and contact information
- Seek medical attention for your injury and to ensure that you document that there was in fact an injury that resulted from the fall. Be honest with your doctor, as this will become part of the evidence used by your attorney
If you or a loved one was injured in a slip and fall premises accident, contact one of our experienced New York slip and fall accident attorneys at the law offices of Napoli Shkolnik PLLC to discuss your legal options. Give us a call today at 212-397-
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