The Law Offices of Scott C. Gottlieb & Associates, LLP, represents victims of fall down injury in Rochester, New York and throughout the state. If you have been injured after falling on someone else’s property, you may have grounds for legal action. Our accident attorneys are ready to fight for your case!

New York premises liability law is the legal area that covers the responsibility of property owners to maintain safe, secure and properly maintained premises. If someone enters a property, regardless of how or why, any injuries they sustain that result from poor property maintenance or unsafe conditions may be blamed on the property owner.

If you have fallen and suffered serious injuries on somebody else's property, you may be eligible to file a claim for damages, including medical bills, lost wages, pain and suffering, mental anguish, and lost capacity for the enjoyment of life. Our accident lawyers can help.

However, not every fall down injury automatically merits legal action.  There are multiple factors the courts consider when evaluating fall down/premises liability injury claims. Considerations include:

• Did the injury result from a natural or artificial condition of the premises?
• Was the property satisfactorily maintained?
• Was the facility adequately secured?

According to New York law, successful fall down injury cases must clearly establish negligence on the part of the property owner, by proving the following:

• The existence of a hazardous condition
• That the dangerous condition was either created by the property owner/property owner’s employees or was actually known by the property owner/property owner’s employees or that the property owner/property owner’s employees should have known of the existence of the hazardous condition.

Property owners will typically claim that there was no hazardous condition, or that they could not possibly have known about it and thus should not be held liable for an unknown danger.  Property owners may also rush to hide evidence of the hazardous condition or make the repairs in between the time of the accident and any legal action.  This is why it’s important to report your accident right away – both to the property owner and to an attorney. You should also seek prompt medical attention and keep copies of your medical records.  If you file a claim later and failed to seek care, the court may feel your injuries weren’t that serious.

Other steps you can take to preserve evidence include:

• Keep a diary to record information about your injuries, such as pain levels, intensity and how the pain affects your daily life
• Photograph the hazardous/dangerous condition
• Keep any stained, soiled, or torn clothing and footwear worn at the time of the fall
• If possible, request a copy of any incident written by the business where you fell, although this is typically difficult to obtain

Premises liability cases are strongly contested by property owners, their insurance companies and their defense attorneys. At the Rochester, NY, Law Offices of Scott C. Gottlieb & Associates, LLP, our accident lawyers help our clients decide whether it is more prudent to fight or to settle a case in order to obtain the maximum awards. We work with respected accident reconstruction and economic experts to help prepare your case, to ensure we have the most accurate information and detailed evidence to present on your behalf.

If you have suffered serious injury following a fall or other accident on someone else’s property in Rochester or New York State, our accident attorneys can review your situation free of charge to determine whether you have a case.

The Rochester, NY, Law Offices of Scott C. Gottlieb & Associates MAKES HOUSE CALLS in Rochester and the surrounding areas. We see clients by appointment only, and we are available to do home and hospital visits if you are unable to travel. We also maintain offices in Binghamton and Syracuse, serving those cities and the surrounding areas.

Contact the New York Law Offices of Scott C. Gottlieb & Associates today for a FREE consultation by calling 1-800-TALK-LAW (1-800-825-5529) or (585) 546-8120 – or use our online contact form.