We handle cases like this involving slipping, tripping, or falling on raised or depressed sidewalk flags, snow, ice, slippery substances in the workplace and in public places such as supermarkets, fast food restaurants, et cetera. It’s important to get photographs of whatever caused the accident immediately because the mechanism of the accident and whatever caused it is usually cleaned up and the problem is rectified soon after the accident occurs. The fact that a store owner or property owner took care of the problem immediately afterwards is not something that can be used against them in court in New York State because public policy favors having people fix things rather than have them linger. Therefore, we can’t use that information against them. Therefore, it’s extremely important to investigate immediately to make sure that we have pictures to document and provide evidence to show the defect or problem that caused the accident.
Liability in these cases is usually more difficult than other types of cases because there is always the defense argument that the person who was injured should have been more careful, should have seen the open, obvious and apparent problem and, therefore, they bear some or all of the responsibility for the accident happening.
The fact that you were injured is not enough to prove the case. You still have to prove it was someone else’s fault.