Slip and fall accidents are common in New York City. Whether they’re caused by an uneven sidewalk, a wet floor, or broken stairs, these accidents can cause serious injuries. Property owners are obligated to maintain safe premises. When they don’t, they may be liable for your injuries.
Pursuing fair compensation after a slip and fall accident requires understanding the rights of fall accident victims and what New York law says about injuries caused by property owner negligence. A slip and fall accident lawyer can help you evaluate your slip and fall case during a free consultation.
What Are the Most Common Causes of Slip and Fall Accidents?
In a city of over 8 million people with high foot traffic and various weather conditions, slip and fall accidents can occur in many ways. Some of the most common causes of slip and fall accidents in NYC include:
- Spilled liquids
- Food on the floor, especially in grocery stores or restaurants
- Tracked-in snow or rainwater
- Recently mopped or waxed floors
- Uneven or slippery stairs
- Broken steps and handrails
- Unmarked transitions from one type of floor to another
- Items in the walkway or cluttering the floor
- Cracks and potholes in sidewalks and parking lots
- Weathering and damage from salt on the pavement
- Uneven pavement
- Unmarked ramps or step-ups
- Cords across the walkway
- Clutter on the floor or ground
- Broken tiles or cracked linoleum
- Rolled or folded rugs
- Snow, ice, or muddy ground conditions
- Inadequate lighting and unlit stairs
- Insufficient or missing warning signs.
Most slip and fall accidents involve slippery surfaces, obstructed paths, or poor maintenance. In many instances, slip and fall injuries require medical treatment. If a property owner was at fault, you may have the right to file a slip and fall accident lawsuit and demand compensation for your medical bills and related losses. A slip and fall accident attorney can review your fall injury’s circumstances and explain your legal options.
Are Property Owners Required by Law to Keep Their Property Safe?
Yes, under New York law, property owners, property managers, and in some cases tenants, are legally obligated to maintain safe premises for anyone who enters those premises lawfully. This area of the law is called “premises liability,” and it’s the basis of any slip and fall accident claim.
Premises liability laws apply to all kinds of properties, including:
- Retail stores
- Apartment buildings
- Office buildings
- Restaurants and bars
- Public spaces
- Private homes.
The owners or managers of properties are responsible for taking reasonable, proactive measures to prevent accidents and injuries from occurring on their properties. Those measures generally include:
- Regular inspection for hazards
- Timely repair or removal of hazards
- Warning visitors of potential dangers, such as putting up a “wet floor” sign
- Compliance with building codes and safety regulations.
Injuries caused by property owners’ failure to fulfill their legal responsibilities may be grounds for a slip and fall accident claim. The property owner must also have had prior knowledge of the hazard and failed to address it, or the hazard must have existed long enough that the property owner or manager should have been aware of it.
What Evidence Would Be Needed to Prove the Property Owner Liable for My Injuries?
A successful premises liability claim requires substantial evidence showing the property owner’s negligence and the extent of the injuries suffered due to that negligence. Some of the most effective forms of evidence include:
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Photos and Videos of the Accident Scene
An experienced personal injury attorney can seek evidence that tells the story of your slip and fall accident. Photos and videos of the dangerous conditions at the accident scene provide visual proof. They can serve as proof that the accident resulted from negligence. If you can do so at the scene, take pictures and videos of:
- The hazard that caused the accident
- The surrounding area
- Any visible injuries.
In some instances, surveillance camera footage of the accident may be available. Your lawyer can act quickly to secure any video of the accident before the property owner tries to erase or overwrite it.
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Incident Reports
Commercial properties, businesses, and public spaces typically have internal processes for documenting accidents. If the property where your accident occurred has one, you can file an incident report and request a copy. Generally, an accident report will include:
- Date, time, and location of the incident
- Names of all involved parties
- Description of injuries
- Statements about accident scene conditions.
An incident report can serve as official documentation supporting your version of events. Filing the report proves that you took the incident seriously from the beginning.
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Property Maintenance and Inspection Records
Previously documented complaints about a hazard can show that the property owner, landlord, or business operator knew of the unsafe condition and failed to correct it. The documents might include:
- Maintenance requests and repair history
- Cleaning and inspection logs
- Documented complaints
- Safety-related city code violations or fines.
An experienced slip and fall accident attorney can help you acquire the documents available to develop your slip and fall claim.
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Witness Statements
If witnesses saw the accident, collect their contact information so your attorney can get a statement from them. A third-party perspective that verifies your account of the accident will add credibility. The statement should detail the accident and the hazards that caused it. If witnesses had prior knowledge of the danger and the property owner’s failure to address it, their statements can be strong evidence of fault.
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Medical Records
Establishing that the property owner’s negligence caused an accident is only part of the slip and fall accident claim equation. You must also show that the accident resulted in serious injury. One of the most effective ways to do this is by gathering your medical documentation related to the accident. Medical records serve as proof of your injuries and as a way to connect the injuries to the accident.
What Types of Compensation Could I Receive for a NYC Slip and Fall Accident?
When pursuing a slip and fall claim, you may demand compensation for the physical, emotional, and financial harm you have suffered. Some of the most common forms of compensation include:
- Medical expenses — The medical costs related to a significant slip and fall injury can create financial stress. You may demand that the insurance company representing the liable party compensate you for the cost of your ambulance services, hospital stays, doctor’s appointments, surgeries, medical devices, prescription medications, physical therapy or rehabilitation, and future medical expenses related to your injuries.
- Lost wages — If you miss work due to your injuries, or if your injuries prevent you from returning to work and earning a living, you may seek compensation for your lost income. The compensation can cover lost hourly wages or salary, commissions, tips, missed raises or promotions, sick days, vacation time, future lost wages, and diminished future earning capacity.
- Pain and suffering — Often, it’s the physical pain and mental anguish that have the most profound impact on life. For this reason, fall victims may claim compensation for pain and suffering. Damages for pain and suffering often make up the most significant portion of a personal injury settlement.
- Emotional distress — It’s not uncommon for accident victims to suffer significant emotional distress due to the trauma of the accident or the impact on their quality of life. This shows up in conditions such as anxiety, depression, and PTSD. Financial compensation for emotional distress may provide greater access to resources that can help you heal.
Does New York Have a Cap on Pain and Suffering Damages from a Slip and Fall Accident?
Some states limit the compensation you can recover from the at-fault party in a personal injury case. New York is not one of those states. You can seek maximum compensation for the pain and suffering in a slip and fall accident.
However, determining the appropriate amount of compensation to seek is complicated. An experienced slip and fall accident attorney can help you calculate the value of your case, gather evidence to build a strong claim, and avoid any errors that might weaken your fall injury case.
Contact a New York Slip and Fall Accident Lawyer
If you’ve suffered injuries in a slip and fall accident in New York City, David Resnick & Associates, P.C., will fight for maximum compensation. Attorney David Resnick has proudly sought justice for New Yorkers injured in slip and fall accidents for over 25 years. In that time, we have recovered over $180 million in verdicts and settlements on behalf of clients. Don’t wait to act. Contact us today to get started with a free consultation.
