Slip and Fall Accidents
In New York a “slip and fall” accident generally means that a person has slipped on a foreign substance (i.e. water, oil, debris, etc.). “To recover in a slip and fall action, a plaintiff must be able to show that the defendant (or his employees) failed to remove the hazard or foreign substance from the floor creating a dangerous condition, or that the defendant (or his employees) failed to warn the plaintiff of a dangerous condition that could not readily be detected. The defendant must either be actively responsible for the slippery condition—as, for example, where the defendant’s employee has applied excessive polish or spilled a slippery substance on the floor—or must have actual or constructive notice of the hazard.” See Khanimov v. McDonald’s Corp., 121 A.D.3d 1052, 995 N.Y.S.2d 191, 193 (2d Dep’t 2014). 3-27 New York Practice Guide: Negligence § 27.01 (2015). Often times, proving that the owner had “notice” is the most difficult aspect of “slip and fall” cases. Actual notice is an express statement detailing the condition. Constructive notice refers to the reasonable forseeability of the condition, inferred from the specific circumstances. Because the ability to prove notice will decrease over time, it is important to act quickly and seek the advice of an attorney if you are injured in a “slip and fall” accident. An attorney who practices in the area of personal injury law would be best suited to answer questions and give direction on how to proceed in these cases.
Personal Injury Attorneys
If you have suffered an injury due to a “slip and fall” accident, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney today!
Passenger Injured in Motor Vehicle Accident
Passengers injured in motor vehicle accidents should be aware of the procedures that are in place to process medical treatment and litigation. Some people do not realize that No-Fault will cover the medical expenses for a passenger of a vehicle; not just the driver. It is important to notify the medical providers that the injuries are the result of a motor vehicle accident so that the No-Fault forms are completed in a timely fashion. This will avoid time consuming corrections after the fact. As far as litigation is concerned, one particular point often evokes feelings of discomfort on the part of passengers. It is quite often in the best interest of the passenger to file the suit against the driver of the vehicle they were in as well as the driver of the other vehicle. This is due to the fact that a question of liability may exist which is indeterminable at the time the lawsuit is filed. In order to ensure that the passenger will be compensated for the injuries they sustained, the driver of both vehicles should be named as Defendants. More often than not, this means that passengers should have a different personal injury attorney than the driver of the vehicle they were riding in. There are extenuating circumstances that are exceptions to this thought however. One thing is for sure though. Seeking the advice of legal counsel as soon after the accident as possible can strengthen your case. Not because the attorney will change or shape the story of what happened, but rather, because the attorney will guide the processing of the case from the onset to help expedite your claim and move you towards any possible recovery.
Personal Injury Attorneys
If you or a loved one were involved in a motor vehicle accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!