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When A Fall Isn’t Your Fault

Have you ever fallen as the result of a wet, slippery floor? Have you ever been shopping and tripped over merchandise that was blocking the aisles? Or tripped over cords that weren’t taped to the ground?

In some instances when accidents like these happen, the damage is more to your pride than to your body. In other cases, however, the sprains, strains or fractures that result can lead to weeks or months of doctors’ appointments, physical therapy sessions, lost work time or permanent injuries.

What happens if you are injured on someone else’s property due to their negligence?  When a property owner has routinely failed to provide a safe environment and injuries occur, they could be facing a claim in a premises liability lawsuit.

Some of the most common causes of premises lawsuits are:

  • Trips or falls cases
  • Snow and ice incidents
  • Sidewalk conditions
  • Dog bites
  • Swimming pool accidents
  • Elevator and escalator accidents
  • Slippery floors
  • Falling trees and tree branches

Duty of Care. Most states require property owners to demonstrate reasonable care in owning and maintaining their property, especially as it relates to people who will enter the property. This is important for all property owners, but especially:

  • Retail businesses that invite people onto their property to purchase their products.
  • Apartment building owners, who must provide a secure environment for their renters and guests.
  • Swimming pool owners, who in most states must have a fence with a locking gate to keep people, especially young children, away from an attractive but dangerous enticement.

Proving Negligence. Under the law, the burden of proof is on accident victims to prove that the property owner was negligent. If you’ve been the victim of an accident that was someone else’s fault that has caused serious injuries, you should consider contacting an experienced premises liability attorney, who can advise you of your rights.

Proving negligence requires documentation. Your attorney can help you build a case by investigating the accident, taking photos or videos, collecting medical information related to your injury, interviewing witnesses, demonstrating loss of wages, and more. They can represent you in communications with the property owner and their insurance company and prepare a care for court, should negotiations with the other party break down. Perhaps more importantly, your attorney can provide objective advice and fight for your best interests.

Have you sustained injuries from an accident on someone else’s property? You have several options to explore, as an attorney, like a premises liability lawyer in Buffalo, NY, at a firm like Hurwitz, Whitcher & Molloy, can explain.

 

 

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As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.