In legal terms, a slip and fall case is a type of negligence action brought by a personal injury victim who has suffered damages due to such an accident. To recover compensation, the victim must prove that another party鈥攚hether an individual or a legal entity鈥攚as responsible for creating or failing to address the unsafe condition that caused the fall.

New York City鈥檚 premises liability laws specify the duty of property owners and occupiers to maintain safe sidewalks and walkways for pedestrians. If you鈥檝e been injured in an NYC slip and fall accident, seeking legal assistance can increase your chances of securing adequate compensation for your injuries and avoiding out-of-pocket medical expenses.

Clarifying Premises Liability

Anyone who owns, maintains, or occupies property in NYC should have a firm grasp on premises liability concepts. Premises liability is the legal concept that determines who can be held liable when a visitor is injured on someone else鈥檚 property. Depending on the scenario, premises liability laws establish who must pay for a victim鈥檚 damages following a slip and fall accident.

In New York, property owners must keep their property reasonably safe for visitors. For example, if a sidewalk becomes icy after a snowstorm or an overnight freeze, property owners who know or should know about the hazard must take steps to address it. Reasonable actions might include spreading sand for traction or shoveling snow to make the sidewalk visible and safe.

This 鈥渞easonable person鈥� standard of care has long been established in New York. While some states differentiate between types of visitors to determine the level of care owed, New York does not make such distinctions.

In the seminal case of (N.Y. 1976), the Court of Appeals adopted a single reasonable standard of care based on the foreseeability of harm to entrants. This decision simplified premises liability law to align with modern society and prevent inconsistent jury verdicts.

Additionally, requires property owners to maintain sidewalks adjoining their property in a reasonably safe condition. Failure to comply with this requirement can result in liability for injuries caused by hazards like broken pavement, snow, ice, or debris.

Comparative Negligence and Premises Liability

New York follows a 鈥渃omparative negligence鈥� standard for personal injury cases, including slip-and-fall incidents. Under , even if an injured person is partially at fault for their accident, they can still recover compensation. However, their award will be reduced by the percentage of their fault.

Often, both parties share blame for an accident. This law strikes a balance by allowing injured parties to recover damages while holding them accountable for their own actions.

For example, an intoxicated pedestrian might decide to run home after a night out instead of using a taxi or rideshare. If the pedestrian slips on black ice outside a property owner鈥檚 home, a jury might determine that both the pedestrian and the property owner share responsibility. The jury could assign 70% fault to the property owner for failing to address the icy conditions and 30% to the pedestrian for their reckless behavior. In this case, if the pedestrian鈥檚 damages total $100,000, they would receive $70,000, reflecting the property owner鈥檚 share of liability.

Steps to Take Following an NYC Slip and Fall Accident

Taking the proper steps after a slip and fall can protect your legal claim and improve your chances of success when negotiating with insurance companies or during litigation. If you鈥檝e been injured in a slip and fall, you should:

1. Seek medical attention immediately. Even minor injuries may mask more serious issues, such as a concussion. Medical records create a clear link between your accident and injuries, which is critical for proving your case. Learn more about injury documentation from the .
2. Document the scene. Take photos or videos of the hazard that caused your fall. Capture details like icy patches, wet floors, or broken pavement. If an incident report is completed, ask for a copy.
3. Gather witness information. If anyone saw the accident, get their contact details and, if possible, a brief statement. Witness accounts can corroborate your version of events.
4. Keep thorough medical records. Save all doctor鈥檚 notes, imaging results, physical therapy records, and any related documentation. These establish the severity of your injuries and help validate your claim. Additional guidance is available from
5. Consult an attorney. A premises liability lawyer can navigate the legal process, handle insurance negotiations, and build a strong case on your behalf. Legal guidance significantly increases your likelihood of recovering adequate compensation. The provides resources to locate qualified attorneys.

Who is Liable For My NYC Slip and Fall?

Identifying who is liable is a critical step in a slip and fall claim. The location of the accident often determines responsibility. Liability may fall on a private owner, property manager, government entity, or even a construction company. In many cases, bringing a claim against multiple parties is the best course of action.

For private property, places the responsibility on property owners to maintain adjacent sidewalks and walkways. Failing to repair cracks, remove ice, or address other hazards can result in liability if an injury occurs. Property managers may also share responsibility if they are contractually obligated to handle maintenance.

When an accident occurs on public property, such as a subway platform or crosswalk, government entities may be liable. In these cases, victims may need to file specific legal documentation to preserve their right to seek compensation. Consulting an attorney promptly ensures all procedural requirements are met. Resources such as the can provide additional guidance.

Construction companies or contractors could be liable for your injuries if they鈥檙e responsible for hazardous conditions like defective sidewalk sheds, debris, or poor lighting in areas under their control.

Common Slip and Fall Injuries

Slip and fall accidents can cause a wide range of injuries, from minor discomfort to life-altering conditions. Many victims require extensive medical treatment and rehabilitation. Common injuries include:

• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Soft tissue injuries
• Cuts and lacerations

Severe trauma increases the risk of long-term consequences that can disrupt daily life. For example, a broken wrist might make it difficult to cook, clean, or care for your family. Likewise, a serious back or neck injury could prevent you from working or enjoying your usual hobbies.

Fortunately, the law recognizes the profound impact such injuries can have on a victim鈥檚 life. Compensation is available to help victims recover and rebuild after a slip and fall. For more information on injury treatment and recovery, consult the

What Types of Compensation are Available for Slip and Fall Victims?

The law allows injured parties to seek damages to offset the losses caused by a slip and fall injury. While every case is unique, common types of compensation include:

• Medical Expenses: Covers hospital bills, emergency transportation, prescription costs, physical therapy, and future medical care. Learn more about medical expenses and injury recovery from
• Lost Wages: Recoups earnings lost due to time away from work. Guidance on calculating lost wages can be found at
• Pain and Suffering: Addresses physical pain, emotional distress, and diminished enjoyment of life. These damages are subjective and vary by case.
• Loss of Earning Capacity: Compensates for reduced ability to work or advance in your career due to injuries.
• Out-of-Pocket Costs: Includes transportation to medical appointments, childcare, and other expenses related to the accident.

Compensation is designed to help victims recover and rebuild their lives. The extent of your injuries and their impact on your daily life will influence the amount you can recover. An experienced attorney can guide you through the process and ensure you pursue all available damages.

Working With a NYC Personal Injury Lawyer

Initial Steps

Working with a personal injury attorney can help you confidently approach recovery. The process begins with an initial consultation, where you and the attorney discuss the facts of your case. If the attorney determines your claim is viable, they will gather evidence to build a solid foundation. This may include obtaining incident reports and consulting experts to assess hazardous conditions related to your accident.

Your attorney may approach the property owner鈥檚 insurance carrier with a settlement demand. Early negotiations can sometimes resolve the case quickly if the insurer offers a fair settlement. However, talks may stall if liability is disputed or the extent of your injuries is contested.

If negotiations fail, your attorney will file a formal lawsuit by submitting a Summons and Complaint in court. The defendant(s) will then respond by admitting or denying the allegations and potentially shifting blame to other parties. For more information on filing a lawsuit, visit the .

Litigation

During the litigation phase, both sides engage in discovery鈥攁 process of exchanging documents, requesting information on medical treatments, and conducting depositions under oath. Depositions clarify what witnesses, plaintiffs, and defendants might testify at trial.

Expert testimony often plays a critical role. For example, an engineer might explain a defective design, while a medical expert connects your injuries to the accident. While discovery can be time-consuming and costly, it is essential for establishing the facts. For more details on the discovery process, consult the .

As discovery concludes, the court may schedule settlement conferences or suggest mediation to encourage compromise and avoid trial. A neutral mediator might weigh in on the strengths and weaknesses of each side鈥檚 case. Learn more about mediation from the .

Meanwhile, your attorney will prepare for potential motions, such as a motion for summary judgment. This motion seeks a ruling without trial if the evidence clearly establishes liability. Guidance on summary judgment motions is available at the .

Trial

If the case proceeds to trial, jury selection is the first step. Both sides aim to seat jurors who can evaluate evidence impartially.

The trial begins with opening statements, followed by witness testimony, expert analysis, and cross-examinations. Each side presents evidence to support their claims and challenge opposing arguments.

After closing arguments, the judge instructs the jury on the applicable laws before they deliberate and reach a verdict. If the jury finds the defendant liable, they will determine the compensation amount.

The losing party may file post-trial motions to adjust damages or request a new trial. Appeals are also possible if legal errors are alleged. For more information on the appeals process, visit the .

How Much Does a Personal Injury Attorney Cost?

Most NYC personal injury lawyers work on a contingency basis. This arrangement means you pay no upfront legal fees. Instead, your attorney receives an agreed-upon percentage of any settlement or court award. These percentages .

Hiring an attorney is particularly beneficial when you鈥檝e suffered significant harm in a slip and fall. Acting swiftly allows your lawyer to gather fresh evidence and prevent you from making statements to insurance adjusters that could harm your claim. Acting promptly after an accident is crucial to protect your legal rights, as there are time limits on filing lawsuits for personal injury claims.

People Also Ask

• Is a slip and fall case a negligence case? Yes, a slip and fall case typically involves proving negligence. This requires showing that a property owner or responsible party failed to keep their property reasonably safe. Consulting an experienced attorney can simplify this complex process. Learn more about negligence at the .
• What if the accident was partially my fault? Under New York鈥檚 comparative negligence law, you can recover damages even if you share fault for the accident. However, your compensation will be reduced by your percentage of fault. Read about comparative negligence at the .
• How long does the legal process take? The length of a case varies. It can take a few months to several years, depending on factors like the case鈥檚 complexity, the number of parties involved, and whether it settles early or proceeds to trial. For guidance on legal timelines, visit the .
• Can I sue multiple parties for my accident? Yes. If multiple parties are responsible, you can take legal action against all of them. An attorney can identify all liable parties and help you maximize your compensation. Learn more about multi-party liability at

Trust the Professionals to Handle Your NYC Slip and Fall

If you鈥檝e been injured in a NYC slip and fall, 91原创视频amp; Aspromonte can help you get the compensation you deserve. We鈥檝e recovered over half a billion dollars for personal injury clients and are committed to fighting for justice.

Don鈥檛 let insurance companies undervalue your claim. Contact us online or call (516) 774-3988 to discuss your legal options today.

The post How to Prove Liability in Slip and Fall Cases in NYC: A Comprehensive Guide appeared first on New York Personal Injury Lawyers.

Slip-and-fall incidents contribute significantly to these expenditures. For example, sidewalk-related personal injury claims frequently result in costly settlements, with the city allocating millions annually to resolve such cases. In Fiscal Year 2023, the city resolved 13,741 claims and lawsuits, reflecting the significant caseload these incidents impose on the judicial system ().

Settlements for similar injuries on private property can also be substantial. In New York, slip-and-fall claims often result in sizable compensation depending on the severity of injuries and circumstances, as outlined in general premises liability guidance

Beyond direct financial costs, NYC taxpayers bear additional burdens, including expenses for emergency response and medical treatment through public hospitals and Medicaid reimbursements. Medicaid often asserts liens on personal injury settlements to recover costs of care provided to injured individuals ().

Addressing the prevalence of slip-and-fall incidents is crucial to alleviating financial and systemic pressures on New York City.

Scope of the Problem

This article examines the scope of the slip-and-fall injury problem in NYC from a broad perspective. Some key points to consider include:

• Informational Context: Understanding the causes of slip-and-fall injuries and why they are particularly problematic in NYC.
• Instructional Guidance: Highlighting possible preventative measures to reduce such incidents.
• Comparative Insight: Examining the legal implications of premises liability injuries, such as slip-and-falls.

Understanding the Basic Components of a Slip-and-Fall Accident

Generally, a slip-and-fall injury is not truly an 鈥渁ccident.鈥� As outlined below, property owner negligence, which is essentially a lack of care, is usually the cause of these incidents. If a public or private property owner negligently maintains their property, injury victims may be entitled to substantial compensation in court ().

Specifically, hazardous property conditions are typically responsible for slip-and-fall injuries. Common hazardous conditions include uneven walkways, slippery surfaces, poorly-lit walkways, and obstructed pathways ().

These incidents often result in catastrophic (life-threatening) injuries, particularly if the victim is physically vulnerable, such as an individual with advanced age or a pre-existing medical condition. Such injuries may lead to costly medical bills and long-term recovery ().

Special Slip-and-Fall Issues in NYC

In many parts of the country, slip-and-fall incidents, especially those occurring outdoors, are not a significant concern. However, New York City presents unique challenges that exacerbate these incidents.

• Excessive Foot Traffic: New York City attracts over 62 million visitors annually. These individuals navigate crowded sidewalks and frequently move in and out of unfamiliar buildings. The sheer number of pedestrians also makes it difficult for employees to spot property hazards, which may lead to increased incidents ().
• Severe Weather: NYC experiences high winds, freezing temperatures, and considerable precipitation for about six months each year. In fact, New York City saw its first measurable snow of the 2024 season in December, and such weather conditions can make outdoor walkways hazardous ().

Compounding these issues, the NYC Department of Buildings notes that many private and commercial structures lack the latest pedestrian safety measures. In addition, safety features that were once effective may have become worn down or degraded over time, further increasing the risk of accidents ().

Legal Framework of Slip-and-Fall Claims

The legal principle of negligence is grounded in the moral principle of the Good Samaritan, who went out of his way to assist an injured traveler. Similarly, property owners must take proactive steps to prevent injuries on their premises.

Duty of Care

Under both state and city laws, individual public and private property owners must properly maintain outdoor walkways, such as sidewalks, directly adjacent to their buildings so they are safe for all users.聽 Historically, the level of responsibility varied depending on the relationship between the injury victim and the property owner.聽 Today, the legal duty to maintain your property in a reasonably safe condition applies regardless of your relationship to the owner.

Knowledge of Hazard

Property owners are legally responsible for slip-and-fall damages if they knew, or should have known, about the injury-causing hazard.

Maintenance reports that point out injury hazards, prior complaints about such hazards, and prior injuries usually establish actual knowledge. These cases merit special attention among owners because compensation is typically higher in these cases. Quite simply, owners who ignore such warning signs may appear callous, and jurors tend to view them unfavorably ().

Sometimes, the “time-notice rule” establishes constructive knowledge (should have known). For instance, imagine on the floor. If the peel is yellow, it most likely just fell, so the owner may not be liable for damages. However, liability likely attaches if the peel is brown or black, indicating it has been there for some time ().

Additionally, owners have a duty to put two and two together. Assume that ABC’s owner knows about a depression on a sidewalk where water collects. If the weather forecast calls for freezing rain, ABC could be legally responsible for a slip on that ice patch, even though no employee actually saw the ice ().

How Slip-and-Fall Injuries Affect Public Resources

The recent COVID-19 pandemic exposed the fragile nature of New York City鈥檚 public health and safety infrastructure. Additionally, slip-and-fall injuries are a consistent issue among NYC鈥檚 elderly population. Almost of nursing home residents experience fall-related injuries each year. Given the city鈥檚 growing elderly population and the strain this places on resources, this statistic is nothing short of alarming.

Incidents and Public Safety Impacts

A slip-and-fall 9-1-1 call usually prompts an 鈥渁ll hands on deck鈥� response. Within moments of that call, multiple law enforcement personnel and other first responders arrive to secure the scene and assist injured victims.

The responding agency may ultimately be reimbursed for that expense. For example, negligent property owners are typically responsible for all injury-related medical bills, including transportation expenses. However, this reimbursement, if available, does not change the fact that these responders were unable to assist other people in need at the time of the incident ().

Crumbling infrastructure and winter weather contribute not only to the risk and severity of slip-and-fall injuries but also extend response times, increasing the opportunity cost of emergency responses. Simple precautions, such as timely snow and ice removal, salting surfaces, and displaying adequate warning signage, significantly reduce these risks and costs ().

Injuries and Public Health Problems

Slip-and-fall injuries directly contribute to public health problems in NYC, mostly due to the strain these injuries place on the public health system:

• Broken Bones: Typically, slip-and-fall-related broken bones do not fully heal. As a result, less active and less mobile victims are at greater risk for a subsequent fall. Subsequent fall victims almost always require time in a long-term care facility, and a significant number of these individuals cannot subsequently live independently. This increased care requirement places significant strain on healthcare resources ().
• Brain Injuries: Similar to broken bones, brain injuries are permanent, as dead brain cells do not regenerate. As a result, brain injury victims often need ongoing medical care, placing an additional burden on an already strained healthcare system.
• Emotional Injuries: Many fall victims become so afraid of falling again that they essentially withdraw from society. This inactivity not only increases the risk of future falls but also leads to depression and other mental health issues that the healthcare system, as well as family members, struggle to manage ().

Property owners should not breathe a sigh of relief if injury victims do not immediately seek medical treatment. Adrenaline frequently masks pain, and many victims do not 鈥渇eel鈥� hurt, but they may still be seriously injured. Timely medical attention is crucial to preventing long-term complications ().聽 聽Even if the injury victim receives medical care long after an injury, a medical doctor can relate the treatment to the incident.

All New York City property owners ultimately share these costs, through higher taxes and insurance premiums.

Consequences of Slip-and-Fall Claims to the Legal System

When an excess number of slip-and-fall claims go to court, everyone suffers. These cases are time-consuming, and litigants in these cases, as well as those in other cases, experience additional frustrating delays. Furthermore, these claims usually involve multiple parties鈥攙ictims, property owners, and insurance companies鈥攚hich adds complexity and drives up the costs of legal matters ().

On the plus side, court verdicts often have a deterrent effect, as these matters are public record and the results are broadcast to the public. However, this deterrent effect often does not make up for the lost time and money that accompany slip-and-fall claims.

Prevention Strategies for Slip-and-Fall Injuries in Public Spaces

Regular property inspections, especially during busy tourist seasons, may be the best way to prevent outdoor slip-and-falls. Designating an employee to perform such inspections and follow up as necessary can be an additional cost. However, this cost is lower than the cost of a liability judgment. As risk management expert Annabel Lewis points out, 鈥淎 sound maintenance program for sidewalks and entrances, coupled with real-time weather monitoring, can reduce slip and fall claims by up to 50 percent in urban centers.鈥�

Prompt maintenance is essential as well. Do not delay repairs and upkeep, such as plugging leaks and changing burned-out lightbulbs. Such maintenance is particularly necessary in places like nursing homes, which tend to have a high number of elderly visitors. In fact, slip-and-fall injuries in nursing homes often result in serious long-term consequences for elderly residents ().

Liberal use of warning signs can also help. As mentioned earlier, merely warning an invitee does not satisfy the full duty of care. However, a well-placed warning sign makes the assumption of risk鈥攁 key legal defense in slip-and-fall claims鈥攎uch easier to prove.

Briefly, assumption of risk often drastically reduces the amount of a liability judgment. The defendant must prove that the victim saw the sign, could read it, and understood its meaning. This defense can be a key factor in reducing liability in such cases ().

Property owners should also take proactive measures to prevent slip-and-fall injuries. Upgrade exterior lighting, especially in areas like parking lots and stairwells. Additionally, property owners should prepare for winter weather by stocking up on shovels, salt, de-icing chemicals, and other such tools ().

Solutions in Action: Winter Weather and Slip-and-Fall Risks in NYC

The winter of 2021-22 was particularly harsh in New York City. Several large, dangerous snowstorms hit the area hard. Complaints of snowdrifts on sidewalks increased significantly, and slip-and-fall injury claims rose accordingly.

New Yorkers responded to the challenge. Several community organizations conducted aggressive public awareness campaigns to warn people of the danger. Additionally, some groups provided resources for property owners, such as free salt distribution. Snowdrift complaints and slip-and-fall injury claims dropped noticeably in these areas ().

Other northern cities faced similar challenges during that winter. Their solutions offer valuable lessons for NYC stakeholders:

• Chicago: Chicago businesses face heavy fines if they fail to properly maintain sidewalks, specifically failing to timely remove snow and ice. Additionally, the city aggressively enforces these ordinances ().
• Boston: Boston officials have focused on infrastructure upgrades. Citywide sidewalk repair projects have the number of slip-and-fall hazards, mostly uneven walkways and potholes.

The takeaway is clear: NYC鈥檚 slip-and-fall problem is indeed daunting. But this problem is not unsolvable and is not unique. If other municipalities have successfully reduced these dangers, NYC can do so as well.

Key Slip-and-Fall Prevention Stakeholders in NYC

Property managers and owners have a legal and moral responsibility to ensure that sidewalks and other walkways are safe and passable. They also have a legal and moral obligation to properly address any dangerous conditions in these areas ().

Municipal agencies also play a crucial role. The NYC Department of Transportation (DOT) sets and enforces sidewalk safety standards and snow/ice removal deadlines. This authority also oversees public spaces, such as subway entries and exits, and is responsible for citing property owners who violate these standards and regulations ().

Despite the best efforts of these stakeholders, some slip-and-fall incidents are inevitable. Victims must take it upon themselves to seek medical attention and secure legal representation.

For their part, healthcare providers should offer designated injury treatment and physical rehabilitation services for fall injury victims. Many fall-related injuries, such as head injuries, are difficult to diagnose and treat. Busy general ER doctors may not have sufficient expertise in these areas. Later, during physical therapy, patients often progress in fits and starts, especially if they鈥檙e over 65 ().

Frequently, personal injury attorneys have the most difficult role of all. They must pull it all together. Attorneys advocate for victim-friendly laws that raise awareness of the problem, connect victims with necessary medical help, and most importantly, advocate for victims in the judicial process to obtain fair settlements based on the injuries, legal theories involved, and relevant laws and codes ().

Five Fast FAQs About Slip-and-Fall Injuries in NYC

How many slip-and-fall accidents happen in NYC each year?

It is difficult to determine the exact number of slip-and-fall injuries, as many hospitals do not have specific slip-and-fall admissions codes, and many victims are treated and released in emergency rooms without a formal record. However, we do know that slip-and-falls are the of injury-related hospitalizations in NYC.

How much do slip-and-fall accidents cost NYC taxpayers?

A significant amount. In addition to the $1 billion in settlements, NYC taxpayers spend over $100 million annually in direct costs, which include legal fees, medical expenses, and lost productivity from slip-and-fall incidents ().

What are the most common causes of slip-and-fall accidents in NYC?

Preventable hazards, such as uneven walkways, slippery surfaces, poor lighting, snow/ice buildup, and pathway obstructions, are the most common causes of slip-and-fall injuries in NYC. Property owner negligence is the common denominator among these causes.

Are property owners liable for slip-and-fall accidents in NYC?

Yes, property owners are liable if they have a duty of care to maintain a safe environment, or if city codes, such as NYC鈥檚 Administrative Code 搂 7-210 (which mandates the safe maintenance of sidewalks), impose such a duty on them. Additionally, a personal injury attorney must typically prove that the owner knew about, or should have known about, the injury-causing hazard ().

How can I prevent slip-and-fall accidents on sidewalks?

Simple steps, such as regular inspections, prompt follow-ups, and adequate signage, can reduce the number of slip-and-fall injuries in NYC. Proactive measures, like installing non-slip surfaces and upgrading lighting, are even more effective. Non-property owners also play a role by advocating for victims and raising awareness of the problem ().

Five Fast Takeaways

Slip-and-fall injuries are not unavoidable accidents. Property owner negligence is the primary cause of most NYC slip-and-falls, with contributing factors including high foot traffic levels and outdated pedestrian infrastructure.

These injuries cost New Yorkers hundreds of millions of dollars annually through higher taxes and insurance premiums, covering medical treatment, emergency response, lost productivity, and personal injury settlements.

Generally, public and private property owners are liable for significant damages in these cases. Compensation typically includes economic losses, such as medical bills, and non-economic losses, such as pain and suffering.

Proactive measures can significantly reduce the risks and costs, especially for outdoor slip-and-fall injuries. These measures include making thorough winter weather preparations, having the right tools available (such as warning signs), performing regular inspections, and promptly removing fall injury hazards.

Reducing the number of slip-and-fall injuries requires a joint effort from property owners, city officials, lawyers, and community advocates.

Five-Point Property Owner Checklist

Assume that at least one person will slip and fall on your property this winter, and plan accordingly:

• Upgrade infrastructure, including lighting and walkways.
• Schedule frequent inspections and establish protocols for promptly addressing fall injury hazards.
• Use warning signs with American National Standards Institute information and graphics.
• Carefully document all slip-and-fall incidents, whether or not the injury results in immediate hospitalization.

Do You Want to Know More?

Working together, concerned citizens, landlords, property owners, and other stakeholders can make winter streets safer for NYC residents and visitors. If you have been injured in a slip and fall accident contact the experienced personal injury lawyers at 91原创视频amp; Aspromonte Associates, LLP. for a free consultation. We routinely handle premises liability matters throughout the New York City metropolitan area.

The post The High Cost of Slip and Fall Accidents in NYC appeared first on New York Personal Injury Lawyers.

Slip, trips, and falls are common occurrences in New York City due to the bustling streets, busy intersections, snowy weather, and heavy pedestrian congestion. Unfortunately, these incidents can have serious consequences, including death. In fact, the that slip-and-fall accidents accounted for at least 38,000 deaths in 2021 among adults aged 65 and older.

This article will explain the legal framework that victims of slips, trips, and falls can follow after their accident. We will discuss the appropriate steps to secure compensation and help you get your life back on track following a NYC slip-and-fall incident. If you need legal help after a trip and fall, our dedicated attorneys are here to assist you in securing maximum compensation for your injuries.

Understanding the Scope: NYC Slip and Fall Accidents

Slip-and-fall accidents have many causes, but they all share one thing in common: devastating effects on the victims. These accidents can occur while walking on sidewalks, crossing the street, catching the train, or in many other situations. When they happen, it鈥檚 essential to know who to hold accountable and how much compensation you can potentially recover.

What Are the Most Common Causes of NYC Slip, Trip, and Fall Accidents?

While there are many potential causes of slip, trip, and fall accidents in NYC, some occur more often than others. Understanding these common causes can help NYC residents and visitors reduce their risk of being a victim of a slip-and-fall accident and mitigate the negative consequences that follow a personal injury.

Poorly Maintained Sidewalks

According to , the population of the Big Apple was nearly 9 million as of 2020. With that number expected to grow, foot traffic in the city is at an all-time high. As a result of , sidewalks can rapidly deteriorate and become more of a safety hazard than a safe haven for pedestrians.

There are many ways that a sidewalk can be poorly maintained. Sometimes, sidewalks are constructed on uneven surfaces, increasing the likelihood of pedestrians stumbling while traversing them. Uneven sidewalks become especially problematic when weather conditions create slippery surfaces, often leading to disastrous falls.

Sidewalks can also become cracked from years of use, weathering or tree roots which force concrete slabs to become uneven.聽 When cracks or uneven sidewalks appear, it becomes easy for pedestrians to get their feet stuck, leading to injuries like ankle sprains and fractures.

Another factor contributing to poorly maintained sidewalks is the sheer amount of construction occurring in the city at any given moment. Construction projects often lead to increased debris and tripping hazards, such as dirt and tools, that pose serious risks to pedestrians.

Inclement Weather

Snow, ice, rain, and other inclement weather conditions significantly contribute to slip-and-fall accidents in NYC. These weather conditions can cause walking surfaces to become slippery and challenging to navigate. This is especially true when snow compacts and forms a thin layer of ice on the sidewalk.

Icy conditions reduce the friction between shoes and the sidewalk, causing pedestrians to lose balance and fall. It鈥檚 also important to note that walking during severe snow or rain storms can reduce visibility and cause pedestrians to encounter otherwise avoidable hazards.

Dangerous Subway Conditions

New York City commuters rely heavily on the subway to get around the city. While it is a convenient means of transportation, slips, trips, and falls are common on the subway and in subway stations for various reasons. Commuters often injure themselves while using stairs, escalators, or rushing to catch their train.

Subway floors often become wet due to spilled drinks or water from wet shoes, especially during damp weather. When subway floors are wet, they pose a severe hazard to commuters who risk slipping on the hard station floors. Once on the train, sudden stops, sudden acceleration, and a lack of seating can cause commuters to stumble and fall.

How Do I Know If I Have a Valid Legal Case?

It鈥檚 understandable to seek legal compensation following a slip and fall that caused injury. The first step is to determine whether you may have a valid case. Speaking to a personal injury attorney is crucial to know if your personal injury case holds merit.

Put simply, determining if you have a legal case requires proving negligence. Victims must establish that property owners (or the city) were negligent by knowingly allowing a dangerous condition to exist on their property without addressing it. If that dangerous condition led to your injuries, you may have a claim.

What to Do Immediately After a Slip and Fall Accident in New York City

Get Medical Help

Get medical help immediately after your fall, even if you 诲辞苍鈥檛 feel injured. Head, neck, and spinal injuries can show delayed symptoms. Prompt diagnosis can prevent further harm, especially in cases of traumatic brain injuries like concussions. If you cannot move safely from the scene, call 911 or ask a bystander to help you. Don鈥檛 attempt to move by yourself if you are experiencing excruciating pain or dizziness.

Obtain and maintain records of every diagnosis, treatment plan, and follow-up visit throughout your treatment. These records will be crucial when proving that your slip-and-fall accident caused your injury and that you didn鈥檛 have any pre-existing conditions before the incident.

Document the Scene

Documenting the scene of your accident will serve as decisive proof of the conditions that caused you to fall. Consider using your phone or asking someone else to take pictures and videos of the area where you fell.

Focus on the hazardous conditions that led to your fall. For example, if a cracked sidewalk caused your fall, zoom in on the cracked area to clearly show the defective condition. Make sure that the recording device you use can show the time and date the images were captured.

Take Steps to Preserve Evidence

Preserving evidence of the scene, including firsthand witness accounts of what happened, is key. Request the contact information (phone numbers and email addresses) of bystanders who saw the accident occur or witnessed the hazardous conditions. Their testimony will support your version of events should disputes arise regarding the cause of your fall, which is highly likely when dealing with opposing lawyers and insurance companies.

Keep the clothing and footwear you wore during the accident in the same condition as when the fall occurred. Chances are that opposing lawyers will ask you about the clothing you wore when the accident happened. It鈥檚 best to have these items available if they request them during discovery.

Hold on to any medical receipts and maintain copies of all correspondence with property owners or insurance companies. These documents will help prove the damages you suffered and support your good faith efforts in alerting property owners following your accident.

Understanding Premises Liability in NYC

In NYC, property owners or occupiers must maintain sidewalks in a reasonably safe condition. Under , this duty has been partially shifted from the City of New York to the property owners. Owners are generally required to keep their bordering sidewalks free from hazards that could lead to accidents.

Certain property owners must install, repair, or replace defective sidewalk flags and promptly address winter weather conditions. Failure to do so could result in liability for personal injuries. One-, two-, or three-family homes used exclusively for residential purposes often do not carry the same liability exposure under this code.

The Administrative Code also contains sections such as , , and . These provisions cover how property owners should respond to notices of defect, how injured parties can file claims, and the process for appealing or reviewing findings. Despite the code鈥檚 exemptions for certain residential buildings, the overarching goal is to ensure that pedestrians face fewer hazards and that injured individuals have clear legal avenues to seek damages if a property owner fails to uphold that duty.

How Does the Settlement Process Work?

In any slip and fall or similar premises liability claim, the concepts of duty of care, negligence, insurance, and settlement are involved. Duty of care refers to the property owner’s obligation to keep their property safe. Negligence arises when the property owner knew or should have known about a hazardous condition and did not remedy it.

The next step usually involves insurance if a plaintiff can demonstrate that the property owner鈥檚 negligence caused their injuries. Most property owners carry liability insurance to cover these risks. Once a claim is filed, an insurance adjuster will typically investigate how the accident occurred and whether the owner was at fault.

Once insurance gets involved, the next step is settlement negotiations. Settlements can save both parties time and money by avoiding substantial litigation costs such as attorneys鈥� fees and court costs. Fair settlements compensate for medical expenses, lost wages, and pain and suffering. However, the injured individual should be cautious about low-ball offers from insurance companies that are far less than what victims could receive from taking appropriate legal action.

How Does the Legal Process Work Following Settlement Talks?

When parties settle, the process involves finalizing paperwork and disbursing the agreed-upon compensation. The injured individual signs a release from pursuing further claims arising from the same incident. In some cases, health insurers or government agencies that covered the plaintiff鈥檚 medical expenses may have liens on the settlement funds.

If the parties do not settle, the legal process continues. The plaintiff files a summons and complaint, initiating the lawsuit and outlining the allegations against the defendant. If the entity involved is a public body such as the City of New York or the Metropolitan Transportation Authority (MTA), additional requirements come into play. Under New York鈥檚 General Municipal Law, an injured party pursuing a claim against a municipality of the incident. The notice of claim sets forth the nature of the claim and preserves the plaintiff鈥檚 rights to sue.

Both sides engage in the discovery phase, which includes exchanging evidence, depositions, and possibly retaining experts. At any point, the case may still settle based on newly uncovered evidence or move toward trial if neither party compromises. During the trial, each side presents witnesses and arguments to a judge or jury, who then determines whether the defendant is liable and the damages the plaintiff should receive.

How Can a Lawyer Help Following a NYC Slip and Fall Accident

Lawyers are valuable advocates following any personal injury. Not only do they have the skills needed to negotiate with insurance companies, but they also know how to navigate the legal process should negotiations falter. A skilled personal injury attorney can:

• Investigate the Scene. Attorneys understand what to look for when investigating an accident scene. They know what common accident causes contribute to slip-and-falls and how to identify them. They are also familiar with what evidence will be persuasive to a jury.聽 They may retain the services of expert witnesses to strengthen your claims.
• Negotiate with Insurance Companies. Insurance companies are infamous for offering low-ball settlements to accident victims. An experienced attorney will understand the true value of your claim and will know what an acceptable offer from the insurance company should include. While you will always have the final say in accepting an offer, your attorney will provide their professional opinion.
• Handle the Legal Paperwork. All lawsuits involve extensive paperwork. From initial pleadings to summary judgment motions and everything in between, your attorney will ensure that your legal paperwork is prepared and filed on time and correctly.
• Present Your Case at Trial. If necessary, your attorney will zealously advocate for you before the judge and jury, presenting a compelling case for the injuries you suffered and the compensation you deserve.

While you do not technically need an attorney to handle your personal injury case, having one can make a significant difference in the compensation you receive. With a trained professional handling your claim, you can rest assured that important deadlines won鈥檛 be missed and that the best legal arguments will be made on your behalf.

How Much Is My Slip and Fall Claim Worth?

The potential value of your claim varies widely. Certain factors that contribute to the value of your claim include the type and severity of the injury, the varying degrees of fault of the parties involved, as well as the long-term consequences on your life and earning potential.

Traumatic brain injuries often carry a high level of compensation because they can lead to long-term debilitating symptoms that significantly limit a person鈥檚 ability to work or engage in daily activities.

Fractures, including broken wrists, hips, or vertebrae, also tend to increase a claim鈥檚 worth because they frequently require surgery and prolonged time away from employment. Beyond the physical harm, a plaintiff may claim loss of enjoyment of life if their injuries prevent them from pursuing hobbies, spending time with family in the same manner, or otherwise living as they did before the accident.

Pain and suffering, which encompasses physical pain and emotional distress, is another critical component of a damages award. When evaluating these non-economic losses, New York courts consider factors such as the severity of pain, length of recovery, and potential for permanent limitations or disfigurement.

How Much Will My Slip and Fall Lawyer Cost?

Attorneys typically offer representation on a contingency fee basis. This arrangement means they only collect a fee if they secure a settlement or court award. The fee is usually one-third of the total recovery.

Under a contingency fee arrangement, clients are not responsible for hourly billing or upfront costs. However, case expenses鈥攕uch as filing fees or expert witness costs鈥攁re typically reimbursed from any eventual settlement or collected judgment. Contingency fee arrangements help clients afford legal representation when they cannot work due to their injuries. They also provide lawyers with the incentive to secure the most compensation possible.

People Also Ask

What is negligence?

Negligence is a legal concept regarding when an individual can be responsible for your injuries. Negligence involves proving that a wrongdoer breached an owed duty of care to a victim, which caused the victim damages. Negligence claims are complicated and are best handled by legal professionals.

Is there a time limit for bringing my claim?

Yes. All legal claims are subject to legal time limits known as statutes of limitations. If a case is not brought within the applicable statute of limitations, the victim cannot seek legal compensation, regardless of the claim’s validity. Speak to an attorney to determine when to bring your NYC slip-and-fall case.

Can I sue more than one person or entity?

Yes. You can sue more than one responsible party. Oftentimes, multiple parties share fault for your accident, and they can all be held accountable in a lawsuit.

Can I Represent Myself?

Yes, you can represent yourself in a personal injury action. However, you will need to have a firm grasp of the legal process, including legal research and writing skills, to navigate your claim and secure compensation successfully. This may be especially difficult when recovering from injuries or if you lack familiarity with the legal process. It鈥檚 always best to consult with a licensed attorney to maximize your chances of a successful outcome.

Contact Our Dedicated Personal Injury Attorneys

At 91原创视频amp; Aspromonte Associates LLP, we have secured over a billion dollars worth of combined settlements for NYC accident victims. With over a century of combined experience handling personal injury claims, our team has the reputation and expertise to handle your claim and maximize your compensation. Contact us today for a no-cost consultation to discuss your legal options and take the first step towards justice.

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Slip, Trip, and Fall Cases

The type of suit known as a 鈥渟lip and fall鈥� case typically arises when faulty maintenance causes someone to slip or trip and fall on another person鈥檚 property, sustaining injuries. While spilled soda and failed snow and ice removal are common causes of slip and fall injuries, any negligence that leads to a fall can form the basis for this type of case. Some other examples include:

• Tripping over a broken or uneven floorboard
• Tripping on a broken or uneven sidewalk, porch, or lot
• Slipping on a surface that has been cleaned and is still wet or slick
• Slipping on a wet locker room floor or area surrounding a pool
• Catching a toe or heel on a torn or tasseled rug
• Slipping on a throw rug that doesn鈥檛 have a non-slip backing
• Tripping over or falling into a concealed hole

While most of us have slipped or tripped at some point in our lives and easily shaken it off, some slip and fall injuries can be serious. In fact,聽falls are a leading cause of accidental death聽in adults, particularly those 55 and older.

For a free legal consultation, call聽(212) 540-2984

Other Types of Premises Liability Cases

Most premises liability claims are maintenance and design related. This encompasses a wide range of injuries sustained through many different events. Some types of negligence that may lead to injury and premises liability claims include:

• Failure to provide adequate lighting
• Failure to comply with fire safety regulations
• Faulty design that increases risk, such as difficulty in reaching emergency exits
• Substandard or inappropriate materials that increase the risk of fire, collapse, or other accident
• Lax maintenance that creates hazards

To provide more concrete examples, some cases of this type that 91原创视频amp; Aspromonte Associates LLP has handled include:

• A wrongful death case filed after a 49-year-old man fell down an elevator shaft when the door opened in a commercial building and sustained a fatal head injury. The jury returned a $5 million verdict.
• A personal injury case on behalf of a professional guitarist who was injured when a ventilation grate in the ceiling of his veterinarian鈥檚 office fell from the ceiling and struck him in the head. The jury returned a $1.7 million verdict.
• A personal injury case filed on behalf of a 32-year-old man who sustained shoulder, neck, and back injuries when the elevator he was in dropped five floors. The case resulted in a mediated settlement of $1.55 million.

A less common but no less serious type of premises liability case involves the failure of a property owner to take reasonable precautions against known risks from outside sources. One of the most common involves criminal activity on the property that could have been prevented by reasonable precautions. For example, this type of claim might arise if the owner/operator of a 24-hour retail store is aware that there have been several robberies outside local stores at night, but fails to implement security procedures such as outdoor lighting, security cameras, and warnings to customers.

Talk to an Experienced Premises Liability Attorney

New York slip and fall lawyers聽and other premises liability attorneys can be an invaluable asset after you鈥檝e sustained an injury on someone else鈥檚 property. Take the first step toward protecting your rights today by聽scheduling a free consultation. Just call聽(212) 540-2984.

Featured image credit:聽Bradley Gordon聽聽/聽Flickr

Our attorneys are skilled in handling a range of personal injury cases, including premises liability cases, motor vehicle accidents, construction accidents, serious injuries, wrongful death, and more.

Call or text聽(212) 540-2984聽or complete a聽Free Case Evaluation form

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• Slip & Trip Definition and Statistics聽鈥� Winter comes around every year, along with holiday celebrations, and family tradition comes the unfortunate fact of the possibility of a slip and fall accident. A slip occurs when there is too little traction between the foot and walking surface. A trip occurs when a person鈥檚 foot comes into contact with something unexpectedly throwing them off balance, the fall occurs when you are too far off balance. Falls are the most common causes of traumatic brain injuries, each year over 700,000 people are hospitalized because of a fall. Falls can cause broken bones, like ankles, wrists or arms. 95% of hip fractures are caused by a fall, usually on sidewalks. The risks of a slip and trip are amplified in the winter because of slippery surfaces or wet floors.
• Having the Right Gear聽鈥� the first step in winter walking injury prevention may be the easiest, and most enjoyable of them all, it entails having the proper accessories to tackle winter dangers. It is evident that you need a thick, isolated jacket for the winter, one tip involving your coat is to get on that has reflective coating on certain parts. This allows you to be easily seen in the event you are outside and need assistance or want to be avoided by drivers. You need winter boots that have solid grip and warmth with a proper fit. The better the fit, the easier to walk, the better the grip, the more stable the walk. Although it is safest to avoid walking excessively outside in the winter, if you plan to it is wise to invest in a cane or walker, or skip pole to help you easily navigate the shoveled steps and sidewalks.
• Understanding the Walking Surface聽鈥� there is a specific way to walk when tackling unsafe conditions, with the aim of accident prevention and focusing on safety. Before even learning the proper walking techniques there are steps you can take to prepare for the slippery conditions of the winter walk ways. Firstly, you should always carry salt, grit, sand or kitty litter to sprinkle on the way you are walking to provide traction. The texture of these items makes it easier for your boots to grip to the ground and not slip. Secondly you shroud contact your property manager, city center, or landscaping services to find out their anticipated snow removal schedules and practices. Equipped with this knowledge you can plan your outings accordingly.
• Walking Tips聽鈥� Eventually you are going to have to face the tricky outside elements and walk on the icy shoveled steps and sidewalks, the goal is to not get hurt, focus on accident prevention, and avoid a slip and fall. When walking in the winter is is important to avoid shortcuts and allow yourself more time to travel. It is best to take routes that are highly maintained, and have frequent snow removal. You should take small, slow steps while paying attention to your footing. Taking the extra time to make your moves more calculated can save you a serious injury. Avoid areas with poor lighting, make sure you are aware and careful when entering or exiting a vehicle. When walking scan from left to right and be constantly aware of your surroundings.
• Be Aware of Wet Floors Inside聽鈥� Walking outside is not the only hazard in the winter, all of the snowy shoes trek water and debris inside which can cause a risk as well. It is important to be aware of wet floor signs, take your shoes off upon entering a home, and keep water absorbent rugs near the door to try and soak up as much moisture as possible. Use rails or stable objects to aid in balance in slippery areas.

Talk to a Lawyer if You Suffered a Slip and Fall Accident

For a free legal consultation, call聽(212) 540-2986

If you slip and fall because of another party鈥檚 negligence, you deserve fair compensation for your injuries. An聽NYC slip and fall attorney聽can help you build a strong claim and demand a substantial recovery from the liable party or insurance provider. Contact our team now to learn more and schedule a free slip and fall accident case review.

Links

• How to Shovel Snow聽鈥� information about proper form and technique associated with shoveling
• National Floor Safety Fall Statistics 鈥� statistics and trends relation to fall injuries
• What Can Happen After a Fall聽鈥� information about effects of falling
• Slip Hazard Signs聽-iconographic of what slip hazard signs mean
• Snow Removal Safety Tips聽鈥� ideas and suggestions of how to remove snow safely
• Winter Walking Safety -tips on how to properly walk in the winter
• Slip, Trip, & Fall Definition 鈥� definition of slip, trip, and fall
• The Hazard of Wet Floors 鈥� risks associated with wet floors
• Preventing Winter Injuries聽鈥� information about how to avoid injuries in the winter
• What To Do About Wet Floors 鈥� suggestions on how to take care of floors that are wet

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

Call or text聽(212) 540-2986聽or complete a聽Free Case Evaluation form

The post Winter Walking & Injury Prevention: Tips to Avoid Slip & Fall Injuries appeared first on New York Personal Injury Lawyers.

The arrival of winter in New York City means many things: glittering lights, ice skating at Rockefeller Center, Christmas shopping, holiday shows鈥nd increased dangers as ice and snow turn sidewalks and city streets hazardous and the danger of falling ice arises. Of course, both car accidents and slip and fall injuries occur year-round, and happen in a variety of contexts. However, ice and snow increase the risks for pedestrians, just as they do for drivers. And, injuries associated with a fall on an icy street or sidewalk can be much more extensive than you might expect.

Common Ice-and-Snow-Related Slip and Fall Injuries

Most of us have slipped and fallen on the ice at some point or other in our lives. Sometimes those accidents occur despite our best efforts, as we鈥檙e carefully picking our way across an icy stretch of sidewalk. In other cases, an unexpected patch of ice catches a pedestrian completely off guard. Often, a slip and fall due to weather conditions injures little more than our pride, and we stand up, shake it off and move on. Unfortunately, that鈥檚 not always the case. This type of accident can result in serious injury.

Statistically, older people are more likely to sustain serious injuries in slip and fall cases. However, the aftermath of falling on the ice can be serious for a person of any age. Some common injuries associated with weather-related falls include:

• Broken bones
• Back and neck injuries
• Head injuries, including traumatic brain injury (TBI)

Some of these injuries may heal fairly quickly, while others may trigger long-term or even lifelong symptoms and limitations. A fall on the ice can even be fatal. Famed weight-loss doctor Robert Atkins died of a head injury sustained when he slipped on the ice, after undergoing surgery to remove a blood clot in his head.

For a free legal consultation, call聽(212) 540-2987

New York Ice and Snow Removal Obligations

In New York, a property owner is responsible for maintaining premises in a safe condition. That鈥檚 true whether the property owner is a retail business, an individual homeowner or the city of New York itself. A property owner may be liable for damages when a slip and fall accident occurs because he or she failed to correct dangerous conditions after reasonable notice of a hazard, including snowfall or icy conditions.

However, identifying the responsible party may not be so straightforward. For example, business owners and operators are often responsible for removing ice and snow from the sidewalks in front of their establishments, even though the city of New York may technically own the walkway. An experienced personal injury attorney like the ones at 91原创视频amp; Aspromonte Associates LLP can help.

Evidence in Snow and Ice Slip and Fall Cases

In any personal injury case, acting quickly is to your advantage. It will be easier for your attorneys to contact witnesses and gather evidence immediately after the accident than six months or a year down the road. That鈥檚 especially true in an ice and snow case, since the evidence by its very nature will be changing and disappearing quickly. While it鈥檚 possible to successfully pursue an ice-related slip and fall case for up to three years in New York, you鈥檒l give your attorneys the best tools by acting quickly to get help.

Click to contact聽our personal injury lawyers today

Talk to NYC Slip and Fall Lawyers

Our attorneys are experienced in managing slip and fall cases. As a result, we have won numerous verdicts and negotiated favorable settlements for our countless clients. For example, in one situation, a client who sustained a fractured knee after slipping on an icy MetLife ramp was awarded $1.2 million for his injuries.

If you suffered injuries after slipping and falling on New York City鈥檚 icy streets, contact our office at聽(212) 540-2987聽to schedule a free consultation. Our聽New York slip and fall lawyers聽will review your case and determine what legal action you need to take next.

Image credit: Pixabay / tpsdave

Our attorneys are skilled in handling a range of personal injury cases, including motor vehicle accidents, construction accidents, serious injuries, wrongful death, and more.

Call or text聽(212) 540-2987聽or complete a聽Free Case Evaluation form

The post 鈥楾is the Season for Slip and Fall Injuries in New York appeared first on New York Personal Injury Lawyers.

The cracks, dips and rises in many of the sidewalks are often the culprit in several trip and fall accidents that result in minor to severe injuries, such as bruises, lacerations, and broken bones. While falling and injuring oneself isn鈥檛 on anybody鈥檚 list of things to do, thankfully, there is some recourse when this does occur. The city is responsible for maintaining their streets and sidewalks, and if you鈥檝e fallen and injured yourself due to poorly managed and/or聽damaged sidewalks, you may have a right to compensation for your injuries.

For a free legal consultation, call聽(212) 732-2929

Knowing who to contact in the event of such an accident is key, as there are many New York City agencies that are responsible for certain areas, and there are reports that need to be filled out and submitted. That鈥檚 why it is recommended that you contact an experienced聽NY Sidewalk Injury Lawyer聽to handle your case. Your attorney will know who to contact and what forms need to be submitted and can do so in a timely fashion, so that you can receive compensation for your medical bills and other damages as quickly as possible.

We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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If you鈥檝e been injured in a slip and fall, finding the right New York City personal injury attorney, with experience in slip and fall cases, can be key to making your case. And just because slip and fall cases can be tough to prove, 诲辞苍鈥檛 assume your slip and fall claim is a lost cause. Many NYC personal injury attorneys offer free consultations, so you have nothing to lose in meeting with a slip and fall lawyer.

For a free legal consultation, call聽(212) 732-2929

What constitutes a legitimate slip and fall claim?聽 Legally speaking, slip and fall cases are simply a niche variety of negligence actions. For that reason, if you trip and fall simply out of your own carelessness, clumsiness, or voluntary intoxication, you probably 诲辞苍鈥檛 have a viable personal injury claim in New York.

On the other hand, if you trip on an uneven tile in a gas station, stumble in a dimly-lit parking garage, or go sprawling on a wet floor in supermarket with a leaky water pipe, you may be entitled to recover for your medical injuries. As in any negligence case, you鈥檒l need to show that the hazard (e.g., the uneven flooring, dim lighting, or wet floor) was caused by someone else鈥檚 breach of duty of reasonable care.聽 That person will typically be a business employee, a manager, and/or the company itself.

Click to contact聽our personal injury lawyers today

Of course, none of us ever聽别虫辫别肠迟蝉听to be injured in a slip and fall. Our instinctual reaction after slipping and falling in a place of business is often, well, sheer embarrassment 鈥� and so, after taking a tumble in a place of business, we may be tempted to jump right up, brush ourselves off, and assure those around us, 鈥淚鈥檓 fine!鈥�

Complete a聽Free Case Evaluation form聽now

Before you dash off too quickly, though, you might want to take a minute to snap some photos of the scene with your cell phone, to document any potential personal injury claim. Simply snap a few shots of the area where you tripped or slipped, including the safety hazard that precipitated your accident, whether it鈥檚 a loose tile, a wet floor, or even the sitcom-like banana peel. This tangible evidence, obtained in 鈥渞eal time,鈥� can significantly enhance your ability to prove your case.

Keep in mind, too, that while some injuries resulting from a slip and fall may be immediately apparent, others may take days, weeks, or even months to surface. Certainly, seeking treatment for any obvious injuries in an emergency room or from your regular doctor will be useful in documenting your personal injury claim.

In addition, it can be helpful to keep your own personal medical log in the weeks and months after your slip and fall. It doesn鈥檛 have to be anything fancy 鈥� just a daily notation of how the various parts of your body are feeling following your accident, paying particular attention to things like scrapes and bruises, joint swelling, neck soreness, head pain, and back pain. If you notice additional injuries flaring up in the weeks following your accident, make sure to get them checked out by a medical professional as well.

And stay organized. When your body is hurting, it can be tempting to ignore paperwork. In a word:聽诲辞苍鈥檛. Keep a folder with all of your medical records, your personal medical log, and your bills. Tracking your medical expenses, as well as any loss of income due to your fall, will be crucial in helping you establish the amount of damages you suffered as聽 result of your accident.

And last but certainly not least, seek advice from a reputable NYC personal injury attorney specializing in slip and fall cases. If your slip and fall was the result of someone else鈥檚 negligence, there鈥檚 no reason you should be stuck with medical expenses, lost wages, and other damages. Most NYC accident lawyers offer free initial consultations. Come prepared with documentation of the accident scene, medical injuries, and any associated expenses to help your聽New York City slip and fall attorney聽assess your claim. Your lawyer can determine if you have a viable personal injury case and how much you may be entitled to recover.

Featured image credit: stevepb /聽Pixabay

From car accidents to construction accidents and cases of wrongful death, our dedicated personal injury attorneys are here to provide expert representation.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post Even YOU Could Slip and Fall: Navigating the Slippery Slope of a Slip and Fall Case appeared first on New York Personal Injury Lawyers.