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Injured After a Slip & Fall Accident? Talk to a Legal Expert About Compensation

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Slip & Fall Accidents in New York

We all have slipped, tripped and fallen at some point. We often get up, dust off and go on with whatever we were doing. However, some falls can result in serious, painful injuries that might require hospitalization and even may result in temporary or permanent disability. 

You Deserve Compensation.

If you’ve slipped and gotten hurt due to the negligence of the owner of the property you are in, somebody needs to be liable. By law, businesses, homes, parking lots, schools, roads and walkways must be maintained to ensure people walk on them safely.

Premise Liability

A landowner or caretaker owes a certain duty of care to you when you enter their premises. This responsibility is known as Premise Liability. However, entrants into a property are traditionally divided into invitee, licensee and trespasser. The category under which you enter a premise during a fall determines the level of care the premise owner owes you and, consequently, the level of liability they hold in case of an accident.

Common Causes of Slip & Fall Accidents

Slip & Fall Accidents happen due to a number of causes. The most common ones include:

  • Obstructions
  • Lack of Signage
  • Poor Lighting
  • Uneven or Cracked Ground
  • Ripped or Bumpy Carpet
  • Wet or Waxed Floors
  • Broken or Missing Stairs or Handrails
  • Loose Electrical Cords
  • Unfilled Potholes
  • Abandoned Trip Hazards
  • Unmarked steps
Slip & Fall Accidents New York

Common Areas Where Slip & Fall Accidents Occur in New York​

  • Wet Storefronts
  • Ice and Snow-covered Sidewalks
  • Unsafely Maintained Surfaces
  • Loose Stairs & Steps in an Apartment
  • Slippery Floors Offices
  • Wet and Slippery Hotels Lobbies and Hallways
  • Restaurants
  • Retail Stores
  • Casinos
  • Public Transit Stations
  • Road Sidewalks
  • Parking Lots

Determining Liability for a Slip & Fall Accident

Without much detail, a slip-and-fall incident resulting in an injury looks simple. In a court of law, however, every detail is important. Here are a few important facts:

You Have to Prove Negligence

You must proof that the owner or person in charge of the premises was careless. The property owner must have known about the safety hazard and done nothing about it.

The Question of Shared Fault

You may share fault for your accident if the owner of the premise is able to prove that you could have prevented the injury had you paid more attention. In this case, the court will reduce your compensation by your percentage of fault. 

Slips and Falls on Public Property

If your slip and fall accident happens in a public place like government buildings, public parks or public sidewalks, you can sue the government for unsafe public property. However, Slip & Fall cases against the New York City government and other government entities are subject to strict pleading requirements and timelines. Make sure you get an experienced attorney to file a case against the government for a likelihood of success. 

Steps to Take After a Slip & Fall Accident

01.

Seek medical attention immediately after a fall. Some injuries like fractures will show immediately, but soft tissue injuries might take days to be detected. Ensure the doctor properly documents the extent of your injuries for later reference.

02.

Try to determine what caused the fall, whether it was an object, a slippery surface, or something else like the physical layout of the premises. This will be important for establishing fault during your case. 

03.

Irrespective of the location of the fall accident, be sure to inform the party in charge of the premises and record the details of what happened in writing. You and the owner of the premise should each keep a copy of this documentation.

04.

Collect particulars of any witnesses on site and take photos of the EXACT location where you fell and any conditions that might have contributed to the fall., the sequence of events before the fall, how you fell and any other important details. Additionally, keep the shoes and clothing you were wearing somewhere safe, without cleaning them. 

05.

Stay calm and limit your conversation with the owner of the property or any other third parties such as insurance adjusters. Do not also post about the accident on social media or give statements to the insurance company until you have spoken to a lawyer. Do not also sign any documents without speaking to an experienced attorney.  

06.

Slip and Fall cases are complex and difficult to prove, and you are best served by an experienced personal injury lawyer. Braude law firm has the experience, knowledge and track record needed to help you get the compensation you deserve. 

Call us today for a free case review on +888 888 6470

How Long Do You Have to File a Slip & Fall Accident Claim?

The statute of limitations also affects slip and fall accidents. There is a time limit within which you should file a Slip & Fall Accident Claim in New York, whether for an injury or an expensive item that gets damaged during the fall. The clock starts running from the day of the incident. Consult an experienced personal injury attorney as soon as possible to advise on timelines and guide you through the process.

What Type of Compensation Can I Recover?

There are certain types of damages that you can try to get compensation for in a slip & fall accident case. These include

Medical Expenses

Rehabilitative Care Costs

Lost Wages

Loss of Future Earning Capacity

Pain And Suffering

Mental Anguish

Loss of Enjoyment of Life

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