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Jack I. Hyatt has recovered millions of dollars for his clients since 1973. We provide aggressive representation and our objective is to maximze your recovery. We are always available to provide clear answers to your questions.  410-486-1800   24/7.
Many injuries arise from people slipping or tripping on wet, slippery or greasy surfaces, unexpected holes in sidewalks that result from missing manhole or utility covers, ice or snow accumulation, inadequate lighting, spilled food or drink in a restaurant or store, torn, raised or worn carpeting, obstructions such as electrical cords, ice or snow accumulation, inadequate lighting, other Causes other hidden hazards on areas that residential and business property owners as well as local, city, state and even federal government entities should be properly maintaining.
"Slip and Fall" and "Trip and Fall" Injuries defined:
"Slip and fall injury" or "trip and fall injury" is the generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. Sometimes, these injuries may also be referred to as "slip, trip and fall" injuries. Slip and fall injuries can result from such problems as water, rain, ice, snow, grease or other slippery substance on the walking surface, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground.
Accidents can also happen as a result of uneven surfaces slippery surfaces, cracks in the floor, liquids not timely removed, snow, ice, poor lighting, abrupt changes in flooring levels or potholes and cracks in the ground. These falls can be extremely dangerous, resulting in severe injuries.
If your accident occurs because of a negligent condition, you may be able to pursue a claim against the property owner or tenant to recover damages for your injuries and our objective is to maximze your recovery.Premises Liability.
You can also pursue a claim for damages against a state, county, city or other public entity if your accident occurs on government-owned property such as a sidewalk or subway station.
Even if you believe that your actions partially contributed to your accident, it may be possible to receive compensation for the damages you suffered.
Property owners have the duty and obligation to maintain their premises in a reasonably safe manner That includes keeping walkways free of ice, stairs and balconies in good repair, and secured premises safe from foreseeable criminal acts manner.
If a property owner is negligent, and that negligence causes an injury, the property owner is liable. Premises liability actually encompasses the whole range of injuries that can occur. Elevators accidents, falls on slippery floor, dog bites, swimming pool accidents-even exposure to dangerous chemicals-all fall under this category.
The regulations governing what damages can be recovered in a slip and fall or trip and fall case vary by state. In general, one can attempt to recover damages from the party responsible for your accident for the following:
- Pain and suffering.
- Limitations, embarrassment, depression, sexual difficulties and missed events and occasions that result from your accident.
- Lost income due to your inability to work caused by the damages from your accident.
- Medical expenses such as doctor visits, hospital stays and rehabilitation therapy.
- Damaged property including the cost of clothing or other items damaged in the accident.
It is extremely important to keep a record of your injuries including any workdays or social occasions you are forced to miss as a result of your accident. Your economic and non-economic costs, as a result of the accident, will form the basis for your potential recovery.
Slip and Falls
Slip and fall accidents arising from negligence can occur anywhere, from public property such as an apartment building or shopping mall, to private property like a neighbor's deck. Even when you are injured on a family member's or friend's property, it can be possible to receive compensation for your injuries from an insurance company without damaging your relationship. An experienced slip and fall accident lawyer can advise you on your options. When you are injured due to negligence, you have a right to legal compensation.
Handling a Slip and Fall Case
Whether a case requires negotiation with insurance company or litigation in front of a jury, Jack Hyatt successfully overcomes the innate difficulties of many slip and fall cases. For example, defense lawyers and juries tend to hold the slip and fall victim responsible. It can be very difficult to prove to their satisfaction that unsafe property conditions were present at the time of the accident.
For each of his cases, Mr. Hyatt carefully evaluates every source of information that fairly shows and places fault with the property owner. He obtains footage from video cameras, interviews former employees of the establishment, and carefully documents the condition of the property at the time of the fall. In addition, Mr. Hyatt will often bring in a materials expert to evaluate the degree of defect on the property at the earliest opportunity.
The Law Firm of Jack I. Hyatt, Esq. provides aggressive and experienced legal representation to accident victims.
The firm represents accident victims who have sustained significant physical or psychological injuries (sometimes referred to as "personal injuries") and related financial damages. The firm understands that an accident that occurs in a split second can change the life of an accident victim forever - and the firm always fights hard for the rights of accident victims with this in mind.
Slip, trip and fall accidents frequently result in serious and debilitating injuries. They are typically caused by hazardous, unsafe or defective conditions on property. Hazardous conditions commonly encountered include:
A defective or broken sidewalk, street, stair, escalator, elevator or fire escape;
Liquid or debris on a sidewalk, street, stair, floor, escalator or fire escape;
Snow and ice on a street or sidewalk;
A dangerous and unsafe construction site;
A defective or unsafe scaffold.
Although many slip, trip and fall cases settle before trial, the firm's philosophy is to prepare every case as if it will actually go to trial. Therefore, the firm works with experienced accident investigators, engineers, medical professionals and others who assist the firm in preparing it's cases so that they are in a winning posture for trial.
The firm offers a free initial consultation to people who have been injured in slip, trip and fall accidents. It handles these cases on a contingency fee basis, so there is no legal fee unless a financial recovery is obtained. If you or someone you know have been injured in a slip, trip or fall accident in New York, call 410-486-1800.
Negligence in a Slip and Fall Accident
To be found negligent, or at fault, in a slip and fall accident, a property owner must have:
- Caused the conditions that brought about the accident, such as a spill, worn spot, or dangerous object underfoot
- Known about dangerous conditions and failed to correct it
- Not taken care of their property in a reasonable manner that would have informed them of the dangerous condition
Jack I. Hyatt has handled an impressive volume of these cases and has a thorough understanding of the state and federal laws applicable to personal injuries resulting from such incidents. We have the resources to investigate the circumstances of your accident and demonstrate the fault of the responsible party. These measures include obtaining statements from the parties at fault before they have a chance to speak with their insurance company or lawyer and recording eyewitness accounts while the event is recent. In cases engineers or other experts will examine the accident site to determine if violations exist.
Our experience and background puts us in the best position to maximize your likelihood of success and recovery.
If you have been injured in a slip and fall or trip and fall accident or if you simply need more information, call 410-486-1800 and see why our law firm has recovered millions dollars on behalf of our clients.
What is a slip and fall?
A slip and fall or trip and fall is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground.
If you are on someone else's property and injure yourself as a result of a dangerous condition on the property, the land owner or business proprietor may be liable for your injuries. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries.
What is a dangerous or hazardous condition?
Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole in a lawn that is partially covered by grass). In some instances it may not be apparent, as in flooring which appears normal, but is slippery. It could be permanent, like broken concrete with a change in elevation, or temporary, like a liquid spill in a supermarket aisle.
In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, since the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions (like a liquid spill), the length of time that the condition existed before the incident occurred has legal significance.
If the spill occurred just before the incident, then the property owner may not be liable for injury, since the owner could not have known about the spill (and would not have been able to do anything about it) before the slip and fall occurred. However, if the spill was present for some period of time before the incident, or occurs in an area subject to liquid spills, or is a recurring event ("every time they wash the floor someone slips") then the owner may be liable, even if the owner did not know about the spill before it occurred.
I fell down and injured myself on someone else's property. I don't feel well. Should I wait to see if I feel better before doing anything?
No, you should see your primary care physician or another medical doctor, since your injuries may be more severe than you think. You may also want to consult with an attorney to determine if you have a claim against the landowner.
You should also be aware that floor or ground conditions may change, and you may need to preserve or record the condition that caused your injury (typically with a photograph or videotape). In addition, every state has a "statute of limitations" which limits the time you have to act. Some states require you to give notice to certain types of landowners, such as municipalities, within as little as 30 to 90 days of the incident. If you do not give the required notice, or sometimes file a claim or lawsuit within the time set by law of the state in which the injury occurred, you lose your ability to recover from the landowner. If your injuries turn out to be more severe than they first appear, you'd be in trouble.
If you have a valid claim against the landowner for your injuries, delay may be fatal to your claim. You should act quickly to evaluate your options.
What should I do immediately after a slip and fall, or shortly after the incident?
- Inspect the area where you fell.
- What caused you to fall?
- Did anyone see you fall?
- Write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred – both those who saw you fall, and others who were there after the incident -- since you may need them as witnesses on your behalf if the landowner disputes your claim. Even if someone did not see you fall, he or she could, if necessary, describe your pain and the conditions of the floor, lighting, etc. immediately after you fell.
If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident, and get a copy of anything prepared by the business. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, make a mental note. If possible, get the name of the person who make the comment. As soon as you are out of the store, write down the name and what exactly the person said, and who else heard him make the statement.
Even if the condition that caused your fall is permanent, or semi-permanent (like ice on a sidewalk in Duluth in winter). Have someone take photographs of the area as soon as possible, so a record is made. Buying a tiny throwaway camera for $5 to $10 may be a good investment. Even "permanent conditions" have a way of changing if the landowner thinks that you might file a claim for injuries.
What should I avoid doing?
Be very careful about signing any statement regarding the incident; if there are any errors, or if it sets out part of the facts but not all of them, you may be held to an incomplete or misleading representation of the facts. If you provide a statement, get a copy for yourself. Be careful also about what you say. Saying "I'm so clumsy, it probably was my fault" may make you feel better, but would hurt a claim if it turns out others fall there all the time.
If the landowner has insurance (which is likely), a claims adjuster may call you to take a statement over the phone. Before providing a statement to a claims adjuster, or a subsequent statement to the land owner, you may want to speak with an attorney to discuss your rights. A claims adjuster may attempt to get you to admit full or partial responsibility for the incident, or encourage you to minimize the extent of your pain or injuries ("it really doesn't hurt that much any more, does it?") or commit to your medical condition before you have seen a doctor ("it's just a small bruise, isn't it?"), or may try to get you to settle your claim and sign a release ("look, we're not at fault, it's only a scraped knee, but we'll pay you $50 for a new pair of jeans and another $50 for the taxi") before you are aware of the true nature of your medical condition.
I was injured after a slip and fall, and I think it was the fault of the landowner. What will I need to prove my case?
While every case is different, you will need (at a minimum) the following:
- as many witnesses to the incident, or the dangerous condition, as you can find (remember you yourself are also a witness)
- the "incident report" (if it occurred in a business establishment)
- proof of your injuries, and damages; and
- reports of prior incidents (if they exist).
Many cases will also require bringing in an expert witness, especially if the dangerous or hazardous condition is not apparent (as in a slick surface), who can evaluate the condition and testify as to what caused you to fall, based on his/her technical education, training or experience
Do I need an attorney?
While some slip and fall cases can be handled on your own in Small Claims Court, most will require the assistance of counsel. Slip and fall cases can be difficult to win in court (see below). An attorney should provide a competent assessment of your case, and will deal with the land owner or his/her insurance carrier. An attorney can locate experts to help in the evaluation and presentation of your case, if it proceeds to trial. Most slip and fall cases are handled as contingency fee cases, which means that the attorney is paid at the conclusion of the case, and only if you recover.
Let our slip and fall accident attorney team thoroughly research and document the parameters of your slip and fall accident lawsuit.
If you believe you are a victim, let Jack I. Hyatt, a Maryland slip and fall accident attorney fight to maximze your recovery 410-486-1800.
Older Americans and Children are Especially Vulnerable to Harm From 'Slip & Fall' Accidents
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"Slip & Fall" is an injury claim based on a fall that occurs on someone else's property, is caused by that property owner's negligence, and requires a Maryland slip and fall accident lawyer. A Slip & Fall occurs, according to our Maryland slip and fall accident lawyer team, not because the victim was not paying attention and stumbled, but because another person's negligence lead to the fall.
Our own slip and fall accident attorney team’s research revealed that thousands of people are injured every year because of hidden hazards on property or because of flagrant dangerous conditions that property owners fail to correct. Falls are one of the most common sources of injuries in the United States.
Among the hidden hazards or flagrant dangerous conditions that can produce a valid Slip & Fall claim are:
- Ice or snow on sidewalks
- Poor lighting
- Defective flooring
- Clear ice
- Standing water puddles
- Improperly secured floor mats
- Unsafe stairways or steps
- Hidden drop offs or holes
Slip and fall cases fall under a broader category known as "premises liability. Under the premises liability area of law, property owners and businesses have a duty to provide a safe environment and if they fail to do so, and someone is injured as a result, they may be held liable for medical expenses, pain and suffering, and lost wages.
But you must prove that the property owner knew or should have know about the hazard and that he had a reasonable amount of time to correct the hazard but failed to do so. In the case of an overnight winter storm, the property owner may not be liable if a reasonable amount of time to clear the walkway had not passed.
Slip & Fall laws have undergone several significant changes in Maryland.
So if you have suffered been injured by a fall on someone else's property contact Jack I. Hyatt 410- 486 - 1800 for a free consultation to determine if the injury is the result of another person's negligence. Our attorneys will investigate the accident site and obtain the medical records and testimony needed to prove negligence, cause, and specific harm.
Elements of a Slip & Fall Claim?
To be successful in making a Slip & Fall claim the victim must have a demonstrable injury. The injury does not have to be serious to file a claim but an injury normally has to be serious to win a judgment. If the injury is mild, make sure you consult with legal consul about the chances of litigating successfully.
To prove a claim, the victim must prove that the dangerous condition on the property was directly responsible for the fall and subsequent injury. As an example, a storeowner may have failed to remove snow from the sidewalk but to establish the owner was at fault it must be shown the snow caused the fall. The successful claimant also will be able to demonstrate that the injury suffered was caused by the specific Slip & Fall incident.
To prove a property owner negligent in Maryland to win a Slip & Fall claim requires:
- Showing that the property owner should have had knowledge of the dangerous condition
- Showing the property owner had the chance to correct the problem causing the fall or give warning of the problem.
- Showing that the property owner negligently failed to give warning or correct the problem.
Sometimes a property owner can escape responsibility by asserting an open and obvious doctrine defense. This defense is based on whether the existence of the hazard was openly visible and seen by the victim before the fall.
Generally the law does not require a property owner to remove ice or snow that accumulates outside the building as a result of weather. But if an unnatural accumulation of ice or snow occurs, than the owner can be liable. And if a snow removal service is employed, the owner can be held liable if negligence can be proved. So many issues are involved with a slip and fall on an icy walkway that an attorney should be hired to review the facts.
Each case turns on whether the property owner acted carefully so that slipping was unlikely to happen and whether you were careless in not seeing or avoiding the condition that caused your fall.
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