The Parts of a Premise Case - Slips, Trips and Falls

Has an accident in which you have slipped, tripped and fallen punched a hole into your health or into your pocketbook?

What do I mean by a hole? There are both physical holes and monetary holes. A person who enjoys good health but loses it due to an accident experiences a hole when her good health is taken away and a void is created that is filled by pain and suffering. A person who has a job and enjoys an income but loses it due to an accident experiences a monetary hole. Holes have two significant properties: depth and duration. A hole can be shallow or deep and can be temporary or permanent. Here is a question for your to ponder: Is a 3 foot hole that lasts for one day equal to a 1 foot hole that lasts for 3 days?

In certain circumstances, the law of the State of New York gives you the right to have the holes gouged out of your life filled. What are the circumstances in which you have a right that the holes in your life be filled in a trip, slip and fall?

A trip, slip and fall case has, generally speaking, the following parts:

1. a defect or some sort of problem
2. knowledge of the defect
3. an opportunity to correct it
4. a failure to do so and
5. an injury from the defect

A plaintiff must present evidence that proves each of these elements of a premise's case. If a plaintiff proves most but not all, he or she loses the entire case. Coming close is not good enough. That is why it is easier to be a defendant than a plaintiff. All a defendant needs to do is knock out one of these elements in order to win.

Bosco and Mascolo, Esqs. LLP are accident lawyers who handle all types of slip, trip and fall cases.