Latham Slip & Fall Attorneys
Helping Hudson Valley Injury Victims in Albany County Get the Compensation They Deserve
Every year, millions of people are injured in preventable accidents that occur on someone else’s property. These accidents are often referred to as slip and falls. They can be caused by a variety of hazards, from wet floors to icy sidewalks to potholes. When these accidents are the result of a property owner’s negligence, victims have the right to take legal action against them to recover compensation for their medical expenses, lost wages, pain and suffering, and more.
At Basch Keegan & Spada, our Latham slip-and-fall attorneys have been representing the injured since 1987. We understand the challenges you are facing, and we are here to help you every step of the way. Our lawyers have the skill, experience, and resources to take on even the largest property owners and their insurance carriers. We have a proven track record of success, with millions of dollars in settlements and verdicts obtained for our clients. When you choose us, you can be confident in our ability to effectively represent you.
What to Do After a Slip & Fall Accident
Following a slip and fall accident, you may be unsure of what to do. The steps you take immediately after the incident, however, can significantly impact your ability to recover compensation.
After a slip and fall, remember to:
- Report the accident to the property owner
- Take photos of the scene, including the hazard that caused your fall
- Get the names and contact information of any witnesses
- Seek medical attention, even if you don’t think you were seriously injured
- Follow your doctor’s treatment plan
- Do not give a recorded statement to the insurance company
- Do not accept a settlement offer without speaking to a lawyer first
Once you’ve received medical treatment, it’s in your best interest to consult with a slip and fall attorney in Latham. At Basch Keegan & Spada, we can help you understand your rights and guide you through the process of filing a claim.
Proving Negligence in a Slip & Fall Case
Not all slip-and-fall accidents give rise to a personal injury claim. To recover compensation for your injuries, you must be able to prove that the property owner was negligent.
There are several elements to a slip-and-fall negligence claim, including:
- The property owner owed you a duty of care
- The property owner breached that duty
- The breach of duty caused your injuries
- You suffered damages
Property owners owe a duty of care to anyone who is legally on their premises, which includes:
- Invitees: These are people who are on the property for the financial benefit of the owner, such as customers at a store. Property owners owe the highest duty of care to invitees.
- Licensees: These are social guests who are on the property with the owner’s permission. Property owners have a duty to warn licensees of any known hazards but do not have a duty to regularly inspect the property for hazards.
- Trespassers: These are people who are on the property without permission. Property owners generally do not owe a duty of care to trespassers, except for children who may be attracted to certain “attractive nuisances,” such as a swimming pool. In those cases, property owners still have to take reasonable steps to prevent children from accessing the dangerous condition.
To prove that the property owner breached the duty of care, you must be able to show that they knew or should have known about the hazard that caused your fall. If you can show that the hazard existed for a long enough period that a reasonable property owner would have discovered and fixed it, you can establish that the property owner was negligent.
Common Causes of Slip & Fall Accidents
Slip-and-fall accidents can happen anywhere, but they are most common in retail stores, grocery stores, restaurants, parking lots, and office buildings. These accidents are often the result of a property owner’s failure to maintain the premises in a reasonably safe condition. For example, a property owner may fail to clean up a spill in a grocery store aisle, resulting in a slip and fall. Or they may fail to repair a broken step on a staircase, resulting in a trip and fall.
Some of the most common causes of slip-and-fall accidents include:
- Wet floors
- Uneven surfaces
- Missing handrails
- Cluttered walkways
- Electrical cords
- Broken stairs
- Potholes
- Slippery surfaces
- Torn carpeting
- Poor lighting
- Debris in walkways
- Loose floorboards
- Icy sidewalks
Remember, not all slip and falls are the result of a property owner’s negligence. In some cases, a person may simply lose their balance and fall. In those cases, the property owner would not be liable for the person’s injuries.
The Slip & Fall Settlement Process
Most personal injury cases are resolved through a settlement. A settlement is an agreement between the victim and the at-fault party that resolves the case in exchange for an agreed-upon amount of compensation. In a slip-and-fall case, the at-fault party is typically the property owner’s insurance company. Property owners are required to carry liability insurance to cover any injuries that occur on their premises.
Damages in a slip and fall case can include:
- Medical expenses
- Pain and suffering
- Disfigurement
- Lost wages
- Disability
- Reduced earning capacity
When you file a claim with the at-fault party’s insurance company, an adjuster will review the claim and determine if they believe their policyholder was at fault. If they do, they will make a settlement offer. It is important to remember that the insurance company is not on your side. Their goal is to pay you as little as possible. That is why you should never accept a settlement offer without first consulting with a slip-and-fall lawyer in Latham.
If the insurance company refuses to make a fair settlement offer, your case may need to go to court. Our lawyers are skilled litigators who are not afraid to take a case to trial. We will fully prepare your case and aggressively advocate for you in court.
When you choose Basch Keegan & Spada, you can be confident that you will receive the personalized attention you deserve. We will take the time to understand your unique situation and develop a legal strategy that is tailored to your needs.
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