A woman is initiating a lawsuit against a J.C. Penny store after she fell in the establishment. The woman filed suit in the beginning of 2014 and cites premise liability issues.
The woman asserts that she dealt with injuries after stepping on debris and slipping inside the store, which was located inside of a mall. In this lawsuit, the woman claims that "the store failed to properly inspect its premises," failed to make the shopping area safe and did not inform shoppers of the slippery location. She seeks monetary damages in her lawsuit.
Premises liability
Slip-and-fall accidents are frequently the result of spills, wet floors, icy steps and other hazards. In New York, slip-and-fall claims generally look at lasting injuries and depend on whether the defendant was reckless in creating or not tending to the hazardous issue.
To establish negligence in this type of case, the injured plaintiff must show the following:
- The existence of a duty by the defendant (for example, store owner) to follow a specific standard of conduct
- Breach of that duty by the defendant
- The breach was the cause of the plaintiff's (injured person's) harm
- The victim was, in fact, harmed
Of course, many minor injuries do not qualify, as the system requires detailed proof. However, if the plaintiff fractured an arm, hit his or her head, broke a hip, twisted an ankle or otherwise experienced serious injury, the person may have a viable case. A defendant could be financially liable for the harm. A detailed analysis of the issues and elements is crucial in assessing the viability of the slip-and-fall matter.
The importance of taking legal action
Medical professionals note that serious harm, such as brain injuries, is common in slipping accidents. Unfortunately, brain trauma is frequently hidden for a while after a mishap. Many times, brain injuries are the last to be assessed and diagnosed. Even if you did not lose consciousness in your slip, you may have suffered a serious brain injury. This is because it can take days or even weeks before symptoms arise.
If you have been involved in a slipping case, the first step is to seek immediate medical attention. Once you have received appropriate care, you should then consult a legal professional. A lawyer versed in personal injury laws can help you investigate the issues surrounding your accident.
Do not let another's carelessness ruin your life. Get the recovery and damages you deserve with the assistance of a qualified personal injury law attorney.