busy city regularly face unknown variables of life that lead to unwanted harms.Considering that we live in a place of non-stop movement and activity, the chance of getting hurt in one of these ways is higher here than anywhere else.
The New York Department of Health has reported that injuries sustained by falling top the list for hospitalizations among children ages 0-14 and adults 25 years and older. These types of injuries often lead to things like traumatic brain injuries or bone fractures, and often force those injured to accrue costly medical bills and suffer lost wages.
Slip and fall injuries may occur because of a lack of reasonable care on the part of store or building owners. If you or a loved one has fallen and suffered a serious injury you may be entitled to compensation for your injuries. Consider contacting the lawyers at The Rothenberg Law Firm LLP for help.
Discussing Your Rights with a Lawyer
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***Your initial consultation is always free.
*** We do not take a fee, unless and until we are successful in recovering money for you.
Lack of Reasonable Care: Under New York law, property owners are obligated to exercise reasonable care when maintaining their properties so that patrons that frequent their establishments or individuals who venture into common areas are not subject to unreasonable risks. This means that individuals should not have to look down to watch that every place they step is free of danger.
Proprietors have a duty to keep their premises safe from foreseeable dangers. When that high degree of responsibility is neglected, it leads to individuals tripping on things like unrepaired stairs or slipping in a puddle from a shattered jar of applesauce in aisle 9. In some of these instances, owners are aware or at least should be aware of certain hazards that await others. When these owners do not exercise their requisite degree of care, many establishments become lurking dangers.
These sorts of accidents are referred to in the law as “premises liability” claims, and actually extend to a wide variety of situations in which the owner of a property causes a visitor to that property to be injured due to their negligence. In addition to traditional “slip and fall” occurrences caused by things like wet floors, foreign objects, or a failure to properly clear ice and snow from walkways, premises liability claims can arise from maintenance failures like cracked or loose flooring, improperly secured guard rails, or a property owner not replacing lightbulbs. An injury caused by any of these sorts of negligent failures to maintain a facility can lead to a premises liability claim.
Unfortunately, property owners often fail in this duty. Hospitalizations for injuries from falling in New York create a yearly cost of approximately $1.3 billion. Injured people are left holding the bill for careless property owners.
Fortunately, the civil law provides an avenue for those harmed to recover for their losses. It is logical and fair for those responsible, in whole or in part, for causing a serious fall to provide redress for the harm caused. However, unique legal rules apply to each situation to determine what the party should have done to prevent the accident. It is imperative for those affected to have the help of legal professionals experienced in these cases.
Premises Liability Claims in New York City
In addition to traditional “slip and fall” occurrences caused by things like wet floors, foreign objects, or a failure to properly clear ice and snow from walkways, premises liability claims can arise from maintenance failures like cracked or loose flooring, improperly secured handrails/guard rails, or a property owner not replacing light bulbs. Dimly lit passageways and slippery floors result in thousands of preventable injury claims. An injury caused by any of these sorts of negligent failures to maintain a facility can lead to a premises liability claim.
Dangerous conditions that can be avoided by property owners are the leading cause of slip, trip, and fall cases that occur on sidewalks and parking lots. Property owners often fail in their duty to maintain safe premises. Fortunately, civil law provides an avenue for those harmed to recover for their losses. It is logical and fair for those responsible, in whole or in part, for causing a serious fall, to provide redress for the harm caused. However, unique legal rules apply to each situation to determine what the property owner should have done to prevent the accident. It is imperative for those affected to have the help of legal professionals experienced in these cases.
Frequently Asked Questions for New York City Slip and Fall Lawyers
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 filing 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 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 personal injury lawyer because timelines differ on a case-by-case basis.
- 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 to 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.
- 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 video where the accident occurred, especially if what you tripped, slipped or fell from was something that isn't meant to be left there and may be 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.
- Report the Accident: Let the property owner know about the fall. Be careful what you say as what you say may 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.
- 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.
Slip / Trip and Fall Attorneys
When you or someone you know has experienced a slip and fall injury, turn to leading legal professionals at The Rothenberg Law Firm LLP. We are available to help those hurt in this way all over the 5 boroughs (Brooklyn, Queens, Manhattan, The Bronx, and Staten Island) of New York.Contact us today, 1-800-624-8888:
***Your initial consultation is always free.
*** We do not take a fee, unless and until we are successful in recovering money for you.
