New York Slip and Fall Lawyer Discusses How an Attorney Can Help in a Slip and Fall Claim
Apr 12, 2021
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April 12, 2021 - /PressAdvantage/ - New York City, NY - Many people misunderstand slip and fall claims. Although a fall can occur at any time or place, a claim can only be filed if the fall was caused by someone else’s negligence.
When an individual falls on another party’s property because of a dangerous condition, it must be proven that the dangerous condition was due to negligence on the part of the property owner or manager. Only then, can the injured individual recover from the fall. The condition may be a spill left on the floor, unsecured flooring, a raised sidewalk, tree roots breaking a sidewalk, improperly lit areas, or other hazards.
However, just because a condition may exist the courts in New York require the Plaintiff to show that the condition existed for a period of time such that the owner has sufficient time to learn of it and remedy it.
Samantha Kucher, Esq., an experienced slip and fall lawyer and principal attorney at Kucher Law in New York City, NY, says that proving a slip and fall claim can be complex.
“Under the law, negligence has very specific elements that must be proven in order to have a claim,” explained Ms. Kucher. “It’s not enough for someone to have fallen on an icy sidewalk or a spill at the supermarket to file a claim. It must be proven that the owner or management was aware of it or should have been aware of it, had time to correct it, and simply did not do so.”
Not only do experienced slip and fall lawyers have the knowledge and capability to calculate damages and prove negligence in these claims, but they will be able to take the matter to court if the insurance company does not offer a fair settlement.
“We are very honest with a client if we think there isn’t a valid claim,” said Ms. Kucher. “This is why we offer a free consultation so a client can understand their rights. Every time I meet with a new client I always explain the specific elements involved in proving a slip and fall claim. I discuss the investigation involved that requires hiring an expert.
“It is only after the investigation that we decide whether we will proceed with the case. Of course, the client is not charged anything for the investigation if the claim cannot be proven.”
As an experienced New York slip and fall lawyer, Samantha Kucher, Esq. and her firm, Kucher Law, fight diligently on behalf of injured parties so they can heal and move on with their lives. Learn more about her and her firm at https://www.rrklawgroup.com/.
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