When you go out in public or to another person’s residence, you expect to be able to do so easily and without sustaining any injury. However, if there are hazards on the property, regardless of whether the owner knows about them, they can drastically change your plans for the worse and even cause lifelong pain and suffering.
Every year, thousands of individuals across New York State suffer slip and fall incidents. Although most cases result in only minor injuries, some instances can have a lasting and damaging impact on a person’s ability to function.
Have you been injured in a fall? Talk to a New York City slip and fall accident attorney at our firm by calling (646) 681-7055. We can explain your rights and options to you during a free case review.
What Is a “Slip & Fall”?
“Slip and fall” is generally used to describe accidents where people are injured as a result of slipping, tripping, or falling over due to dangerous conditions on a property. These falls can take place inside or outside a building, and some contributing factors are typically wet floors, weather-related or hidden hazards, damaged flooring, or poorly-lit steps. Icy patches and cracks or potholes often cause slip and fall accidents in the parking lots of businesses and apartments complexes, but they can happen anywhere on a property.
Taking Legal Action to Recover from a Slip & Fall Accident
A slip and fall accident is generally covered by negligence laws in New York City. These laws deal with premises liability, which specifies that property owners have a duty of care to maintain a safe and defect-free property. Property owners are required to routinely inspect their buildings to ensure they have no structural defects or other hazards that can cause accidents on the inside or outside of their properties. They are also sometimes required to close off areas that regularly present weather-related dangers.
Some common hazards that can cause slip and fall or trip and fall accidents may include:
- Loose floor tiling
- Unsecured floor mats and rugs
- Excessive amounts of water on the floor
- Cracks or holes in parking lots and sidewalks
- Improper lighting in stairs and near steps
- Missing railings on walkways or stairways
- Defective escalator
- Elevator uneven with the floor
- Ice and snow
- Water or other liquids spilled on walkways
- Objects in aisles or other areas that get foot traffic
After a Slip & Fall or Trip & Fall Accident
Slip and fall accidents can happen to anyone, anywhere. You are legally entitled to compensation for your traumatic and damaging experience, but you must take appropriate actions as soon as possible in order to protect your legal rights and ensure your best chances of securing compensation.
Although every case is different, we recommend taking the following steps after a slip and fall:
Get medical attention - Your health is most important, so it is imperative that you seek immediate medical attention. Although an injury may seem minor, you could have serious medical problems that need to be addressed. An examination by a healthcare professional will ensure you receive appropriate care and will also serve as proof of injury in your claim.
Examine the scene of the accident - If you ever experience a slip and fall accident, you should try to determine what factor contributed to the incident. If you’re able to, you can examine the area to see if there are any defects, loose or cracked ground surfaces, or other elements that caused the injury to occur and photograph these defects for evidence. You should also try to take photographs or notes on conditions in the area. This includes the type of lighting, if something made you slip, or if there was something on the floor.
Get contact information of witnesses - If anyone witnessed you falling, collect their names and addresses. These people can serve as witnesses in your case and confirm your side of the story.
Report the accident - You should report the incident to the property owner as soon as possible, and persist until they make a record of the incident. A skilled lawyer can help you handle this situation in the best manner possible, especially if the property owner is not accepting responsibility.
We have also created a document to help you know how to prove liability in a slip and fall case, as well as some roadblocks you may encounter.
Elements of a Successful Slip & Fall Lawsuit
Filing a lawsuit for a slip and fall accident that resulted in injury and was caused by the negligence of the property owner is a crucial step in seeking the full and fair compensation you deserve. You will need to file the claim to the appropriate court, which is a step that your attorney can help you complete.
As the injured party, you are responsible for proving that a hazard existed and that the hazard is what caused your slip and fall accident. A lawyer can help you with all of the following elements of a case:
- Filing a complaint
- Collecting evidence
- Interviewing witnesses
- Investigating the scene
As experienced NYC slip and fall lawyers, our team can pursue your case and investigate the various elements of the case, including:
- Whether your incident is the first of its kind
- Whether others have been injured at the location as well
- Whether the damage or hazard had been reported in the past
- To what extent the property owner was aware of the hazard
We Help Clients Get the Compensation They Deserve
When a person suffers a slip and fall injury, they often require medical attention. Some individuals have to go through extensive physical and sometimes emotional and mental therapy. Others may not be able to work as a result of the injuries they sustain. Our team at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. has helped hundreds of clients obtain the maximum compensation they are entitled to.
Some of our most notable slip and fall case results include:
- $1 million for a slip and fall injury in a hospital
- $1.5 million for a slip and fall due to landlord negligence
- $2.8 million for an injury at a catering hall
- $675,000 for an auto parts delivery worker
- $500,000 for a police officer that fell in a bathroom due to water on the floor
- $500,000 for a patient falling down a staircase at his home
- $425,000 due to a fall from high gloss painted steps
- $360,000 settlement for a slip and fall due to water on the floor
- $350,000 for an injury at a Home Depot
- $290,000 for an injury caused by a broken step in an apartment building
- $267,500 for a snow and ice related fall
- $250,000 for a snow and ice related fall
- $239,000 for an injury at a supermarket
Although no amount of money can erase the pain and suffering a person sustains due to these injuries, the compensation can help the victim secure the medical help they need and maintain their finances while they recover.
To find out how we can help you, call (646) 681-7055 or contact us online for your free consultation.