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Common challenges in slip and fall cases

Whether it is a shopping day on the town or a weeknight spent running errands, New Yorkers rarely stop to think about the topic of slip and fall accidents. Yet when such an incident occurs, the shopping list is suddenly the least of one's worries. Depending on the severity of the accident, victims may have a long road ahead of them in terms of recovery, dealing with medical costs and navigating potential legal aspects. The following information takes a look at slip and fall incidents, as well as the possible hurdles that victims can face in the processes that follow an injury. 

Findlaw is quick to point out in an article on slip and fall accidents that these types of incidents are hardly uncommon. While thousands of customers sustain injuries while shopping each year, proving liability can become the biggest focus in slip and fall cases. Findlaw raises the question: if a property owner had been more cautious about the dangerous situation, could the accident have been avoided altogether? Other factors involve an owner's knowledge of the dangerous condition, as well as an owner's or employee's role in causing the dangerous condition. 

As CBS News states, another common hurdle victims must face in slip and fall cases involves pre-existing conditions. Many New Yorkers affiliate this phrase with the ongoing debate surrounding healthcare and insurance, but pre-existing conditions also play a major role in slip and falls. Yet what, exactly, is a pre-existing condition? CBS shares that states usually leave the determining of these conditions to insurers; however, this step can become tricky. For instance, alcohol and drug abuse, kidney disease and arthritis are considered by most states' individual market insurers as "pre-existing." Of course, health insurance premiums and slip and fall cases work under two separate systems, the two are often inevitably linked.

Gauging a property owner's liability and determining pre-existing injuries are two of the biggest obstacles victims of slip and fall accidents face. Although these cases can become complex, understanding the common issues that can unfold can help victims overcome obstacles and move on to recovery.   


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