Without realizing it, you may step outside and walk on a sidewalk at least once daily. This may be a normal part of your routine, so it may seem like an abnormal turn of events when you slip and fall on one and get seriously injured. Once you start receiving the medical bills and have to spend more and more time away from work, you may wonder whether there is a way to make up for all of this. Well, if this is important to you, please read on to discover whether you have grounds to sue after slipping and falling from a sidewalk accident and how a seasoned New York City slip and fall accident attorney at Mark L. Bodner, P.C. can help you get compensated appropriately.
Do I have grounds to sue after slipping and falling from a sidewalk accident?
As one of the basics, you must accurately identify a negligent party responsible for the sidewalk you tripped and fell on to place your injury claim against. This may either be a property owner if this sidewalk was on their premises or a government entity if it was a public sidewalk. In short, without negligence, a legal case does not exist. Specifically for yours, though, you must be able to establish the following elements as true:
- You must establish that a property owner or government entity owed you a duty of care in clearing their sidewalk from any potentially hazardous conditions.
- You must establish that this party breached their duty of care by failing to clear this hazard in a timely manner.
- You must establish that you encountered this hazard and could not reasonably or safely avoid it.
- You must establish that you slipped and fell as a direct result of encountering this hazard.
- You must establish that you got seriously injured as a direct result of your slip and fall.
- You must establish that your slip and fall accident has caused you to incur economic and non-economic damages.
What evidence do I need to prove negligence in my slip and fall accident claim?
One of the most important points to make in your injury claim is that the property owner or government entity knew or should have reasonably known about the hazard on their sidewalk but did not take action to remove it, rectify it, or block it off from pedestrian traffic promptly.聽This requires a great preservation of evidence, arguably one of the more important pieces being witness testimonies.
For example, a neighbor of the private property may admit that they have noticed that hazard for days, weeks, or even months. The same can go for a pedestrian who frequents a public property or an employee who works at a public establishment. This is not to forget taking photos and videos of the hazard as it was in the immediate moments following your slip and fall.
All of this to say, you must be fully equipped to enter your upcoming personal injury claim proceedings. Your preparation is not complete without hiring a competent New York City personal injury attorney. Contact Mark L. Bodner, P.C. today.