Falling unexpectedly can be disorienting and painful, but it’s crucial to act quickly and methodically, especially if you’ve been injured. Your actions immediately after a slip-and-fall accident in New York can significantly impact your health and any potential legal claims. Knowing what to do in the first minutes and hours is the key to protecting yourself.
Prioritize Your Health
Your well-being is the most important thing. Even if you feel okay, some injuries—like concussions or soft tissue damage—may not show symptoms right away.
- Get to a safe place: If you can, move out of the way of any foot traffic or hazards to prevent further injury.
- Assess your injuries: Check yourself for any pain, swelling, or visible injuries. If you’re seriously hurt, call 911 or seek immediate medical attention. Don’t “walk it off.” A medical professional can diagnose injuries you might not be aware of and create a documented record of your condition, which is vital for any future legal proceedings.
- Report the accident: Tell the property owner, manager, or an employee about your fall as soon as you can. Be sure to ask them to create an official incident report and request a copy for your records. Don’t speculate about what caused the fall or admit any fault. Stick to the facts.
Gather Evidence at the Scene
Evidence can disappear quickly, so if you are able and it is safe to do so, document everything you can before you leave.
- Take photos and videos: Use your phone to photograph the exact spot where you fell, including the hazard that caused the fall (e.g., a wet floor, a broken step, uneven pavement, or a lack of warning signs). Get photos from different angles and distances.
- Look for witnesses: If anyone saw your fall, get their names and contact information. Their testimony can be invaluable later on.
- Preserve your clothing: Keep the shoes and clothes you were wearing at the time of the accident. These can be crucial physical evidence. Don’t clean or alter them. Store them in a safe place.
- Note the conditions: Write down everything you remember about the incident: the time of day, the lighting, the weather conditions, and any statements made by employees or witnesses.
Understand New York Premises Liability Law
New York premises liability law holds that property owners have a duty to keep their premises reasonably safe for visitors. To win a slip-and-fall case, you typically need to prove that the defendant had actual or constructive notice – i.e., knew or should have known – of the alleged dangerous condition and failed to fix it or warn people about it. This can be tricky, as property owners may try to argue that the hazard was “open and obvious,” that the alleged defect was “trivial,” that you were at fault, etc.
The Role of a Lawyer
Navigating the aftermath of an accident and a potential legal case can be overwhelming. A New York slip-and-fall attorney can help you:
- Investigate the accident: An experienced attorney can identify the responsible parties and gather the necessary evidence, including surveillance footage and maintenance records.
- Handle communication: They can communicate with the property owner’s insurance company on your behalf, preventing you from accidentally undermining your own claim.
- Assess your damages: A lawyer can help you calculate the full value of your claim, including medical expenses, lost wages, and pain and suffering.
- File your lawsuit: They will ensure all legal documents are filed correctly and within the applicable deadlines, including the strict deadlines for claims against government entities.
In a state like New York, with its complex legal system and specific deadlines, having a knowledgeable professional on your side can make all the difference.