I Fell in an Office – Do I Have a Case?
- Posted on: Aug 15 2018
If you’ve slipped, tripped, or fallen in an office, there is a chance you can file a slip and fall lawsuit. These cases are fairly common, but a number of them are thrown out in court because the plaintiff didn’t have the evidence necessary to prove their case. This also isn’t the type of case where every fall in an office should result in an automatic lawsuit. Sometimes, an accident is truly an accident. Other times, however, the office owner or occupant is at fault, and those are the times you need to hire a professional personal injury attorney.
Do You Have the Evidence Needed?
In order to determine if you have a slip and fall case, you need to have a good amount of evidence. Simply entering your medical records and saying you fell in the office is not enough. You’ve got to be able to have evidence that shows that the business owner was at fault through negligence or through some action or inaction that created a dangerous situation. If you can’t prove either of those things, you’re very likely going to lose the case and, worse, may be liable for the defense’s court costs.
What you will need is proof that your fall was not your fault, nor was it truly an accident. This means photographic evidence, if possible, and witness testimony. It can be hard to get photos when you’ve just fell, especially if you’re severely injured. Fortunately, the medical professional and law enforcement that may be called to the scene will make full reports that can be entered into court. There may also be security camera footage that will help make your case.
Has the Statute of Limitations Run Out?
In New York, there are different time limits that apply to slip and fall cases. The length of time you have to file a claim is generally based off of who you believe is the responsible party. In some cases, you may have to file your case in 90 days or less, while in other cases you may have as long as three years from the date of the fall.
If you believe you have a slip and fall case, you need the experts at Held & Hines LLP on your side. Contact us today to discuss your case and plan your next move.