New York City Slip and Fall Lawyer

You do not have to sign any documents in the store. However, you should report your fall as soon as possible. Ask that your fall be recorded in an incident report.  It is then the property owner’s responsibility to file their own claim with their management and/or insurance company. If someone tells you that you have to sign something- make sure you are only signing an incident report. You have to be careful that you are not signing a document that waives your rights to file a claim or lawsuit in the future. Always discuss with an experienced injury lawyer before signing any documents on a slip and fall case and do not discuss anything with an insurance adjuster before talking with a slip and fall lawyer.

• Pools of water on slippery surfaces
• Ice and snow
• Broken stairways
• Trips and falls on broken pavement like potholes, street grates or loose construction materials
• Uneven and unsecured rugs or carpets
• Tripping on merchandise or slipping on spills
• Unmarked curbs or steps
• Missing handrails
• Insufficient lighting
• Exposed cables or wires

In New York State, the plaintiff has up to THREE YEARS from the date of the slip and fall accident to file a lawsuit against a private owner.  However,  when filing a lawsuit against a public entity and/or municipality, injured individuals must file a fall claim within 90 days and the statute of limitations for bringing a lawsuit expires in only 1 year and 90 days. Failure to file a claim within that time frame may bar you from seeking compensation in the future. It is always important to discuss with an experienced New York personal injury lawyer because timelines differ on a case-by-case basis.

1. Seek Medical Help: Do not neglect going to the doctor if you are injured or suspect injury. Over one million accidents occur every year from falls. Sometimes the injuries can be minimal like cuts and bruises, but when they are more severe they may result in permanent damage like broken bones, spinal cord trauma, brain injuries and even wrongful death. Traumatic brain injuries may start with fewer symptoms but develop into life-lasting problems. Clients who do not seek medical help but develop permanent damage, later on, may miss the statute of limitations by waiting to have the extent of their slip and fall injuries diagnosed. 
2. Document the Scene: If you believe that there was negligence on the property owner's part then it is in your best interest to record what caused the accident as long as you're not too hurt to do so. Examples can include pictures and/or videos where the accident occurred, especially if what you tripped, slipped or fell from was something that isn't meant to be left there and maybe cleaned up after. Collect witness information, if you can get a video recording of what they saw right at the accident, or take their phone number and name so you can reach out to them later. The first thing our personal injury law firm does in these cases is to send an investigator to take pictures and record the scene.
3. Report the Accident: Let the property owner know about the fall. Be careful what you say as what you say may be used to undermine your case when you attempt to get compensation. Be straightforward about the injury and let them know where it happened so they can prevent others from hurting themselves in a similar way.
4. Contact Personal Injury Attorneys: You should contact a New York City slip and fall lawyer as soon as you suffer a slip and fall that occurred due to the result of negligence. An experienced personal injury law firm will be able to guide you through medical bills and the entire process in order to get you the maximum amount of compensation for your injuries.

Distractions are everywhere, and it is incumbent upon everyone to pay close attention to their surroundings to avoid accidents. For example, suppose you are distracted while in an unsafe area on someone else’s property and suffer injuries in a slip and fall accident. The owner of that property may try to reduce their liability for your damages with a successful claim that you were at least partially responsible. 

Under New York State law, the amount of compensation you are entitled to recover from a negligent property owner will be reduced in proportion to your relative fault. For instance, if a jury determines that you suffered $100,000 in damages, but you bear 25% of the responsibility for the accident, the compensation you can recover will be reduced by 25%. As a result, you will receive a damages award of $75,000.

This principle will hold in New York even if a jury finds that you were more than 50% responsible for the accident. In contrast, New Jersey and Pennsylvania follow a stricter principle under which you will not recover any compensation if a jury finds that you bear more than 50% of the blame for the slip and fall accident.

To recover the largest damages award in your case, your attorney will first use all available evidence to show that the negligent property owner owed a duty to you. Further, the owner needed to either remedy a dangerous condition on the property or warn you of that hazard. The property owner and the insurers will likely argue that you could have prevented the accident. Ultimately, the skill of your slip and fall attorney will significantly affect your ability to recover the highest available damages award.

This principle of New York’s negligence laws adds to the complexity of a slip and fall accident lawsuit. However, it also provides stronger assurances that an accident victim in many cases will receive some compensation to reimburse their losses. Your lawyer will thoroughly analyze all the facts, circumstances, and details of your case to support your compensation claim. If necessary, they will also demonstrate to a jury that you bear no little to no blame and that the property owner had an opportunity to prevent the accident that caused your injuries.