Long Island Slip and Fall Accident Attorney
Firm in Melville, NY and San Diego, CA litigates premises liability claims
Property owners are obligated to protect guests from unsafe conditions on their premises. If a business or individual fails to exercise their legally required duty of care and you are injured as a result, you may be entitled to compensation for your injuries. At Themis Law Group, LLC in Melville, Long Island and San Diego, I employ a tenacious, professional approach to help slip and fall victims obtain compensation for their past and future medical bills, lost income, emotional distress and pain and suffering. My firm litigates premises liability claims in New York, New Jersey and California.
Legal standards governing slip and fall lawsuits
To win damages against a property owner for a fall on their premises, you must show that you were allowed to be on the premises where an unsafe condition caused your injury. These cases often hinge on whether the defendant took reasonable steps to avert the accident. Typically, a plaintiff must prove that one of the following descriptions is true:
- The hazard was caused by the property owner or one of their agents
- Though they did not cause the hazard, the owner or someone else with control over the property knew about the dangerous condition on the premises and did nothing about it.
- The defendant was not aware of the hazard, but a reasonably prudent person would have known about it and taken action to protect their guests
Depending on state law, a property owner or manager may owe a different standard of care to different classes of visitors, such as business visitors or social guests. You can count on me to explain clearly how the law applies to your case as we work together to maximize the compensation you collect for your slip and fall injury.
Lawsuits must be filed within the statute of limitations
New York has a three-year personal injury statute of limitations, while in California and New Jersey, a lawsuit must be filed within two years of the slip and fall incident. Retaining a qualified attorney immediately after your accident makes it easier to collect and preserve the evidence needed to develop an effective legal argument. My firm is dedicated to helping injured victims secure as much payment as possible through a verdict or settlement so you are fully reimbursed for your medical bills and other damages. Using photographs collected from the scene, medical reports, witness testimony and physical evidence, I strive to demonstrate the strength of your case in order to encourage a fair settlement offer. However, this process cannot begin until you reach out.
When both parties bear some fault for the injury
Both New York and California are known as pure comparative negligence states, so a slip and fall victim can collect personal injury damages even if they were partly responsible for the incident. However, the damage award is reduced by the percentage of fault assigned to the plaintiff. For example, someone who incurs $100,000 of damages after falling on a slippery floor, but is held to be 20 percent responsible for the accident because their shoes were untied would receive an award of $80,000. Under New York and California law, even a plaintiff who is mostly to blame for an injury can collect payment. New Jersey uses a slightly different standard, only allowing plaintiffs to receive damages if the defendant bears at least 50 percent of the fault for an accident.
Contact a New York and California medical malpractice lawyer for a free consultation
Themis Law Group, LLC advocates on behalf of slip and fall victims in New York, California and New Jersey. My offices are in Melville, Long Island and San Diego. To set up a free consultation, please call 866-226-4230 or contact me online.