Slip and fall accidents are among the most common types of personal injury cases, but proving negligence in these incidents can be challenging. If you’ve been injured due to a slip and fall, it’s essential to understand how negligence plays a role in your case and how to prove it effectively. At Losi & Gangi, we specialize in helping victims of slip and fall accidents get the compensation they deserve. Here’s a breakdown of how negligence is proven in slip and fall injury cases.

What is Negligence?

Negligence occurs when someone fails to take reasonable precautions to prevent harm to others. In a slip and fall injury case, this typically involves a property owner or business failing to maintain their premises in a safe condition. To prove negligence, you need to show that:

1. Duty of Care: The property owner or business had a responsibility to keep the area safe for visitors or customers.
2. Breach of Duty: The property owner or business failed to uphold this duty, often by not addressing a hazard (like a wet floor, uneven pavement, or poor lighting).
3. Causation: The hazardous condition directly caused your injury.
4. Damages: You suffered actual harm, such as medical bills, pain, or lost wages, as a result of the fall.

Proving Negligence in Slip and Fall Cases

To establish negligence in a slip and fall injury case, you must gather evidence to support your claim. Here’s how you can prove each element of negligence:

1. Duty of Care

The first step in any personal injury case is showing that the property owner owed you a duty of care. This is typically straightforward: if you were lawfully on their property (as a customer, visitor, etc.), the property owner is responsible for maintaining safe conditions.

2. Breach of Duty

To prove a breach of duty, you need to show that the property owner failed to take reasonable steps to address a hazard. This could include:

• Failing to clean up a spill
• Ignoring a crack in the floor or broken step
• Not providing adequate signage to warn of a dangerous area
• Failing to fix poor lighting or other unsafe conditions

Gathering evidence of the hazard is essential—take photos, obtain witness statements, and document when and where the fall occurred.

3. Causation

The next step is showing that the hazardous condition directly caused your injury. You’ll need medical records and possibly expert testimony to establish the link between the hazard and your injuries.

4. Damages

To prove damages, you’ll need to provide evidence of your injury’s impact on your life. This includes:

• Medical bills
• Proof of lost wages
• Any other costs or consequences you’ve faced because of your injury

Key Evidence in Slip and Fall Injury Cases

Here are some types of evidence that can help prove your slip and fall case:

• Photographs: If possible, take pictures of the hazard right after the fall. This can be crucial evidence in proving the condition of the property at the time of your injury.
• Witness Statements: Eyewitness testimony can be valuable in supporting your claim that the hazard was present and dangerous.
• Medical Records: Documenting the extent of your injury and the treatment you’ve received is critical for establishing damages.
• Maintenance Records: If the property owner has a history of ignoring maintenance issues, these records can demonstrate their negligence.

Why You Need an Experienced Attorney

Proving negligence in a slip and fall injury case can be complex, but with the right legal team by your side, you can ensure your case is handled properly. An experienced attorney will know how to gather the necessary evidence, navigate complex legal procedures, and fight for the compensation you deserve.

At Losi & Gangi, we specialize in personal injury cases, including slip and fall accidents. If you’ve been injured due to a property owner’s negligence, we are here to help. Our team is dedicated to guiding you through the legal process and advocating for your rights.

If you’ve experienced a slip and fall injury, proving negligence is key to getting the compensation you deserve. Understanding the elements of negligence, gathering the right evidence, and working with an experienced attorney are all essential steps in building a strong case.

Contact Losi & Gangi today for a consultation. We’ll help you navigate your case with the expertise and dedication you need to secure a positive outcome.

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The holiday season is a time of joy, celebration, and togetherness. However, with all the festivities come certain risks. Whether you’re decorating your home, preparing festive meals, or hitting the road to visit loved ones, safety should always be a top priority. At Losi & Gangi, we care about your well-being and want to help you stay safe throughout the holiday season.

1. Safe Decorating Practices: Decorating your home is one of the highlights of the holiday season, but it’s important to do so safely.

• Use Proper Equipment: Use a sturdy step ladder when hanging decorations. Avoid using chairs or unstable surfaces that can lead to falls.
• Check for Damage: Inspect holiday lights and electrical decorations for frayed wires or broken sockets before use. Replace any damaged items.
• Secure Decorations: Ensure all decorations are securely attached and out of reach of pets and small children to prevent accidents and choking hazards.

2. Cooking and Baking Safely: Holiday meals are a centerpiece of celebrations, but the kitchen can be a high-risk area if not handled properly.

• Stay Attentive: Never leave cooking unattended. Keep an eye on pots and pans to avoid fires.
• Handle Hot Items Carefully: Use oven mitts or potholders when handling hot dishes. Avoid placing hot cookware directly on countertops.

3. Driving Safety: Many people travel during the holidays, making road safety crucial.

• Prepare Your Vehicle: Ensure your car is in good working condition, with proper tire pressure and sufficient antifreeze. Check your brakes, lights, and wipers.
• Avoid Distractions: Stay focused on driving and avoid using your phone or other distractions. Keep a safe distance from other vehicles.
• Drive Responsibly: Adhere to speed limits and adjust your driving to weather conditions. If you plan to drink, arrange for a designated driver or use a ride-sharing service.

4. Home Safety Tips: Maintaining a safe environment at home can prevent accidents and injuries.

• Keep Walkways Clear: Ensure that walkways and driveways are clear of ice, snow, and other obstructions to prevent slips and falls.
• Fire Safety: Install and maintain smoke alarms in your home. Keep a fire extinguisher accessible and know how to use it.

The holiday season is a wonderful time to create lasting memories with family and friends. By following these safety tips, you can help prevent accidents and injuries, allowing you to fully enjoy the festivities. At Losi & Gangi, we wish you a safe and happy holiday season. If you have any questions or need further assistance, don’t hesitate to reach out to us.

At Losi & Gangi, we believe that every consumer should be informed about their rights, especially when it comes to product safety. Product liability is a crucial area of law that ensures consumers are protected from harm caused by defective or dangerous products. Here’s what you need to know about product liability and your rights as a consumer.

What is Product Liability?

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have for producing or selling products that are defective or pose a danger to consumers. If a product is flawed and causes injury or damage, those responsible for the product can be held liable. This area of law is designed to protect consumers from harm and ensure that they can seek compensation for their losses.

Types of Product Defects

Product liability cases typically fall into three categories:

1. Design Defects: These occur when a product is inherently dangerous due to its design. Even if the product is manufactured correctly, a flawed design can make it unsafe. For example, a car with a design flaw in its brakes might pose a risk to drivers.
2. Manufacturing Defects: These defects arise during the production process. A product might be designed safely but become dangerous due to errors or negligence in manufacturing. An example is a batch of medications where one bottle contains a harmful substance due to a mistake in the production line.
3. Marketing Defects: Also known as “failure to warn,” these occur when a product lacks proper instructions or warnings about its safe use. For instance, a household cleaner that doesn’t include adequate safety warnings about its potential hazards could lead to injuries.

Your Rights as a Consumer

As a consumer, you have several important rights when it comes to product liability:

1. Right to Safe Products: You have the right to expect that the products you purchase are safe for their intended use. Manufacturers and sellers are legally required to ensure their products do not pose unreasonable risks.
2. Right to Compensation: If a defective product causes injury or damage, you have the right to seek compensation. This can cover medical expenses, repair or replacement costs, lost wages, and pain and suffering.
3. Right to Information: You should receive clear and accurate information about the products you buy, including proper usage instructions and safety warnings. If a product lacks necessary warnings or instructions, it may be considered defective.
4. Right to Take Legal Action: If you are harmed by a defective product, you have the right to pursue legal action against the responsible parties. This can involve filing a claim or lawsuit to hold manufacturers, distributors, or retailers accountable.

Steps to Take If You’re Affected

1. Document the Issue: Keep detailed records of the product, including receipts, packaging, and any evidence of the defect or injury. This information will be crucial for any legal claims.
2. Seek Medical Attention: If you’re injured, get medical help immediately and keep records of your treatment and expenses.
3. Report the Problem: Inform the manufacturer or seller about the defect. They may offer a refund or replacement, but this doesn’t replace the right to seek legal action if necessary.
4. Consult an Attorney: If you believe you have a product liability claim, consult with an attorney who specializes in this area. They can help you understand your rights and guide you through the legal process.

Understanding your rights in product liability cases is essential for protecting yourself as a consumer. At Losi & Gangi, we are dedicated to providing you with the knowledge and support you need. If you have any questions about product liability or need legal assistance, don’t hesitate to reach out to us. We’re here to help ensure that your rights are upheld and that you receive the justice you deserve.

For more information or to schedule a consultation, contact us today! 716.854.1446.

Work-related injuries can have a significant impact on individuals, both physically and financially. Whether it’s a slip and fall accident, repetitive strain injury, or a more severe incident, employees deserve compensation for injuries sustained on the job. Understanding the benefits available through workers’ compensation can help injured workers navigate the process and receive the support they need.

At Losi & Gangi, we are committed to advocating for injured workers and helping them secure the compensation they deserve. In this blog post, we will explore the benefits that claimants can expect to receive following a work-related injury.

• Medical Treatment Coverage: One of the primary benefits of workers’ compensation is coverage for medical treatment related to the injury. This includes doctor’s visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary medical expenses. Injured workers can receive the care they need without worrying about the financial burden.
• Lost Wages Compensation: In addition to medical treatment, workers’ compensation provides compensation for lost wages during the recovery period. If the injury prevents the employee from working temporarily or permanently, they may be eligible to receive a portion of their wages to help cover living expenses and support their families.
• Vocational Rehabilitation Services: For workers who are unable to return to their previous job due to the injury, workers’ compensation may cover vocational rehabilitation services. These services help injured employees acquire new skills or training to transition into a different role or industry that accommodates their physical limitations.
• Permanent Disability Benefits: In cases where the injury results in permanent impairment or disability, workers’ compensation provides benefits to compensate for the loss of earning capacity. The amount of compensation depends on the extent of the disability and its impact on the individual’s ability to work and earn a living.
• Death Benefits: Tragically, some work-related injuries result in fatalities. In such cases, workers’ compensation provides death benefits to the surviving dependents of the deceased worker. These benefits may include compensation for funeral expenses and ongoing financial support for the deceased employee’s spouse, children, or other dependents.
• Legal Assistance and Advocacy: Navigating the workers’ compensation process can be complex, especially when dealing with insurance companies and legal requirements. Working with an experienced attorney, such as those at Losi & Gangi, can help injured workers understand their rights, gather necessary documentation, and navigate the appeals process if their claim is denied.

Workers’ compensation provides crucial benefits to employees who suffer work-related injuries. From medical treatment coverage to lost wages compensation and vocational rehabilitation services, injured workers can receive the support they need to recover and move forward with their lives. If you or a loved one has been injured on the job, don’t hesitate to seek legal guidance and pursue the compensation you deserve.

Contact Losi & Gangi today for a complimentary consultation to discuss your workers’ compensation case and take the first step towards securing the benefits you are entitled to. Our dedicated team is here to advocate for your rights and help you obtain the compensation and justice you deserve.

Understanding your rights and available choices is vital when resuming work after a workplace injury. Rushing your recovery process can lead to potential re-injury. In this blog post, we will explore essential considerations when returning to work following a workplace injury.

Keep Your Employer Updated: It’s essential to maintain open communication with your employer throughout the recovery process. This includes sharing information about your progress, attending medical appointments, and providing updates on your condition. Keeping your employer informed allows them to make necessary accommodations when you do return to work.

Do Not Return Until Your Doctor Clears You: Returning to work prematurely, before your doctor has declared you fit to do so, can pose serious risks. It may lead to a re-injury or prolonged recovery. Always follow your healthcare provider’s recommendations and wait for their clearance to ensure a safe and successful return to work.

Ask for Accommodations: If your workplace injury has resulted in permanent or long-term limitations, it’s essential to request reasonable accommodations. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to employees with disabilities, including those arising from workplace injuries. Discuss potential accommodations with your employer to help you perform your job effectively.

Return-to-Work Programs: Many employers have established return-to-work (RTW) or stay-at-work (SAW) programs to support injured employees during their transition back to the workplace. These programs are designed to facilitate a smooth and safe return. Contact your Human Resources department to learn more about the specific RTW or SAW policies and programs available at your workplace. 

If you’ve experienced a workplace injury and are concerned about your rights during the return-to-work process, it’s crucial to seek legal guidance and support. Losi & Gangi is here to help. We are committed to ensuring that you receive the compensation and accommodations you are entitled to.

For a free consultation and to learn more about your rights, please contact Losi & Gangi at 716-854-01446. Our experienced team is ready to assist you in navigating the complexities of workers’ compensation and advocating for your best interests. Your well-being and legal rights matter to us, and we’re here to guide you through the process.

Source: https://www.wcb.ny.gov/returntowork/injured-worker.jsp

Losi & Gangi Attorneys, a Buffalo-based workers compensation and personal injury law firm has named Phil Scaffidi as a partner at the firm.  The announcement was made by Jeffrey Gangi, managing partner for Losi & Gangi. “Phil has been representing injured workers for more than 25 years and has been an important member of our team.” commented Gangi. “We are excited to welcome him to a leadership role with the firm”

Scaffidi graduated with honors from Tulane Law School in New Orleans, LA, and returned to his hometown of Buffalo, New York to begin his law practice. He began his legal career handling insurance defense work before the Workers’ Compensation Board, but quickly discovered he preferred representing injured workers. “It was obvious to me from the very beginning that it was the injured workers who really needed good representation in this system.” commented Scaffidi.

Scaffidi joined Losi & Gangi in 2016 as an associate attorney. He previously served as the Chair of the Workers’ Compensation Committee of the Bar Association of Erie County and remains an active member in that association as well as the New York State Bar Association and the Injured Workers Bar Association.

Mr. Scaffidi has been recognized for his work in Workers’ Compensation by Business First/Buffalo Law Journal’s “Who’s Who in Law” and was the recipient of the 2016 “Attorney Excellence Award” from the Center for Elder Law and Justice.
About Losi & Gangi Attorney

Founded more than 20 years ago, Losi & Gangi Attorneys represents injured workers in the practice areas of workers compensation and personal injury. The firm has been recognized as one of the top law firms in Western New York by Buffalo Business First. In addition to partners Jeff Gangi, Harry Modeas, and Phil Scaffidi, the firm includes 10 associate attorneys and 10 employees in support roles. In 2021, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients throughout Western New York.