Although a trip and fall case may seem very simple, it can often quickly become very complicated. When an individual falls on someone else’s property many people think that the insurance company of the property owner will automatically pay them. However, this is not the case. The claimant must first prove that the owner of the property did something wrong and that he or she had actual or constructive notice of the existence of the condition which caused the accident. Constructive notice means that the condition existed for a period long enough that the property owner should have known or had knowledge about the condition and repaired it.
The words of art are constantly being reinterpreted by our courts. Every case has its own individual characteristics, and these cases often require expert testimony, as well as witness corroboration. When our office accepts a new slip and fall case, we analyze what we need to do in order to show that the case meets the standards of current case law. This generally requires extensive discovery in order to prove how the accident occurred.
Many times new court decisions are rendered which can alter the burden of proof that we must sustain. Therefore in order to achieve superior results, it is important to have legal staff who are knowledgeable and experienced. There is typically a great deal of expense required in order to achieve large verdicts. Attorneys use exhibits which are costly and only large and well financed law firms have the ability to pay for and choose the most compelling demonstrative evidence.
Sidewalk falls due to cracks, potholes, uneven pavement, and all other hazards can cause falls that caase serious and permanent injury. The attorneys at Harmon, Linder & Rogowsky represent indivduals who were injured in any fall that was a result of negligence by the property owner or any other party responsible for the maintenance of the property.
If you or a loved one has been injured in a slip and fall accident, the New York accident attorneys at Harmon, Linder & Rogowsky are dedicated to fighting for your rights. To discuss your case with any of our experienced attorneys, please contact us today at 212-732-3665.