A slip and fall claim is a colloquial name for a personal injury lawsuit aiming to hold a property or business owner responsible for failing to keep the premises safe for visitors. Not all slip and fall accidents, however, lead to premises liability and personal injury lawsuits. When they do, however, you are entitled to compensation.
At Evan Miles Goldberg PLLC, our premises liability and personal injury attorney in New York will investigate your case and help you obtain full and fair compensation. Property owners have a duty to maintain their premises and keep them safe. When they fail to do so, we make sure they are held accountable. Contact us at 212-888-6497 to schedule a free consultation.
What Constitutes Slip and Fall Cases in New York?
A slip and fall case is a lawsuit that stems from an incident where a visitor gets hurt due to a dangerous condition on the premises. While it often involves slipping and falling, it is by no means restricted to that narrow scenario. Examples of slip and fall cases include:
- Tripping on a hidden obstacle
- Sliding on an icy parking lot or sidewalk
- Falling into a hidden sinkhole
- Falling through a weak floor or step
To have a slip and fall case, you must be able to prove, at a minimum, that:
- Duty of care. The property owner or manager owes a duty to inspect the premises and address any hazardous or dangerous conditions. This duty varies depending on the jurisdiction and whether it is a commercial property that allows invitees (e.g. shoppers) or a homeowner who invites licensees (e.g., friends and family) onto the property.
- Hazardous condition. A hazard or an otherwise dangerous condition existed on the property.
- Knowledge. The property owner or manager had previous knowledge or notice of the hazardous condition.
- Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering). In some jurisdictions, depending on the facts and circumstances, punitive damages may be sought to punish the wrongdoer and to prevent similar behavior in the future.
These elements of a slip and fall case may seem straightforward, but they can become complex. The standard of proof is a preponderance of the evidence, meaning you must show that more likely than not, the property or business owner was responsible and, thus, is financially liable.
Common Causes of Slip and Fall Accidents in New York
To have a slip and fall case where you can obtain compensation for your injuries, an unsafe or hazardous situation must have existed. Common situations include but are not limited to:
- Wet floors or bad flooring
- Poorly lit areas or unmarked step-offs
- Poorly maintained sidewalks
- Unsafe stairs, broken or missing handrails
- Poorly operating escalators or poorly maintained elevators
- Boxes or other items poorly placed or left in the path of foot traffic
- Mishandled or mislabeled liquids, food, or chemicals (can cause burns)
- No warning or hazard signs
These situations are merely examples. Conditions creating a slip and fall accident can materialize in many different ways.
Common Injuries Sustained in New York Slip and Fall Situations
Slip and fall-related injuries vary greatly. Many of these cases involve injuries, like:
- Broken bones or multiple fractures
- Bruises, sprains, strains, or soft tissue damage
- Bone or joint dislocation
- Ruptured or herniated disks
- Cuts, lacerations
- Neck and back injuries
- Head injuries
An injured person's existing health condition may also impact the severity of the injury. Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.
Who Can Be Held Liable in New York for Slip and Fall Accidents?
Slip and fall victims can hold a variety of people liable for an accident, including:
- The business owner
- The manager of the business
- The property owner
- A company that has been hired to maintain the premises
Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.
Three Reasons to Hire a Slip and Fall Lawyer in New York?
Slip and fall cases are difficult cases because fault is not always clear. So, when you accuse someone else––whether that's a property owner, homeowner, or business owner––for failing to maintain safe premises, they and their insurance companies are not likely to sit by and let the accusation go without fighting it. With that said, here are three reasons why you need a personal injury lawyer to represent you in a slip and fall accident.
- A personal injury lawyer will investigate the slip and fall accident to establish fault. Finding and proving fault is critical in any slip and fall case. Investigating the accident will involve an assessment of the accident location, reviewing any video, speaking to eye witnesses, retaining the services of experts, among other things.
- A personal injury lawyer will prove damages caused by the slip and fall accident. After a thorough investigation, your lawyer will put the pieces of the puzzle together to prove all the damages you seek. They will do this by painstakingly linking the cause of the accident to your injury and then provide supporting documentation linking the injury to all your losses. The damages you seek will be depending in part on the nature and extent of your injuries caused by the slip and fall accident.
- A personal injury lawyer will represent you fully and throughout the course of your case until a settlement is reached or trial has concluded and a verdict awarded. You will not have to deal with the other parties, with the claim, with deadlines, with figuring out the actual value of your case, among other things. Your lawyer will do all of that for you. Mostly, what you will have to do is worry about your own physical, emotional, and mental recovery.
Contact a Slip and Fall Personal Injury Lawyer in New York Today
At Evan Miles Goldberg PLLC, our slip and fall accident attorneys have the resources and skill to competently represent you. Upholding your rights and obtaining fair and full compensation is what we do. To find out if you have a viable slip and fall injury case or to simply learn more about your legal options, contact us at 212-888-6497 or fill out our online form to schedule a free consultation.