Albany Slip-Trip-And-Fall Accident Defense Lawyers
Those injured in slip-and-fall accidents are often quick to blame the property owner for their injuries. When injured parties file claims, it is vital to have an experienced attorney protecting the interests of the property owners and the carriers that insure them. The seasoned insurance defense team at O'Connor First has served the needs of clients faced with slip-and-fall litigation throughout Upstate New York and Vermont.
Our defense team is led by partners who have been recognized for their excellent legal representation and have each been selected for inclusion in New York Super Lawyers for more than five years in a row. This includes Terrence P. O’ Connor, who has repeatedly been named as one of the Top 10 New York Super Lawyers. Our collaborative approach to defense cases ensures that every client benefits from the knowledge of our partners and every attorney at our firm.
Premises Liability Defense Lawyers Serving Albany
We use this knowledge to build effective cases when slips, falls and other premises liability accidents allegedly occur at business sites, office parks, commercial buildings, construction sites, hotels, grocery stores, private residential property and other settings. These claims commonly involve accusations of:
- Uneven pavement or sidewalks
- Open or concealed holes at construction sites
- Wet floors
- Debris on walkways
- Low or insufficient lighting
- Loose stairs or handrails
- Icy sidewalks and other areas with accumulated snow
To protect our clients’ interests and contain the costs of these and other slip-and-fall claims, we conduct in-depth investigations and fully document the scene of the alleged accident. We know how to collect evidence and ensure the accuracy of photographic evidence used to prove that property owners met their duty of care and kept property in a reasonably safe condition.
What Should You Do Immediately After Being Served With A Premises Liability Lawsuit?
If a lawsuit is filed alleging an injury on your property, the initial days matter. For an insurance defense claim, the focus should be on avoiding any action that could weaken the defense. Property owners, businesses and insurers should take these steps quickly:
- Preserve surveillance footage from before, during and after the incident
- Photograph the area where the injury allegedly occurred
- Keep maintenance logs, inspection records, cleaning schedules and repair documentation
- Identify employees, tenants or witnesses who saw the event or the condition
- Save incident reports, emails and claim-related communications
- Notify the insurance carrier and provide all available records
Early coordination with defense counsel can help protect the record and preserve available defenses.
Is A Property Owner Automatically Responsible When Someone Is Injured On The Property?
No. A property owner is not automatically liable simply because someone was hurt on the premises. In most cases, the claimant must prove that:
- A dangerous condition existed.
- The owner knew or reasonably should have known about it.
- Reasonable steps were not taken to repair it or warn visitors.
This is central to personal injury defense because the facts may show the owner acted reasonably. Important questions include:
- Was the condition actually dangerous?
- How long did it exist?
- Did the owner have notice?
- Were inspections done?
- Did the injured person contribute to the incident?
A sudden spill may not create liability if it occurred moments before the fall and the owner had no fair chance to discover or correct it.
Do Warning Signs Prevent Liability Claims?
Warning signs help, but they do not automatically prevent a lawsuit or defeat liability. A sign such as “slippery when wet” may show that the property owner took reasonable steps to warn visitors about a known hazard.
In a property damage defense matter, similar evidence may also help show that the owner acted responsibly in addressing risks on the premises.
Courts usually look at the full situation. A warning sign may strengthen the defense, but it may not be enough if the condition remained unreasonably dangerous or if the property owner failed to take practical corrective action.
Contact Us | Trusted Trip-And-Fall Defense
Schedule a consultation with our New York slip-and-fall accident defense lawyers by contacting us online or calling 877-886-4029.