Have you lost someone you love in a slip and fall accident in New York City? You deserve to know what happened and whether someone’s negligence caused your loss. An experienced personal injury lawyer can help you investigate and file a wrongful death claim to demand accountability.
What Is a Wrongful Death?
Under New York law, a wrongful death is one in which someone dies because of another person’s wrongful conduct, including negligence and intentional wrongdoing. It might result from unsafe property conditions, medical errors, motor vehicle crashes, or other preventable conduct that causes fatal harm.
The gist of these cases is that the responsible party could have avoided the death if they had acted with reasonable care. New York law recognizes wrongful death as a civil matter, meaning it involves surviving family members seeking accountability for the loss rather than criminal punishment.
What Are Common Causes of Deadly Slip and Fall Accidents?
Many wrongful death slip and fall claims arise from the failure of property owners to fix or warn about dangerous conditions on their premises. Some common causes of these incidents include:
- Wet or slippery floors – Spills, leaks, or freshly mopped surfaces can make floors slick. Without warning signs or prompt cleanup, visitors can lose their footing and suffer fatal injuries.
- Broken or uneven walkways – Cracked sidewalks, missing tiles, and uneven flooring create tripping hazards. In such an accident, the impact can be catastrophic,
- Snow and ice buildup – NYC property owners must remove snow and ice. If they ignore this duty, passersby can slip on icy steps or sidewalks.
- Poor lighting – Dim or burned-out lights in stairwells, parking lots, or hallways make it difficult to spot hazards. A missed step in the dark can easily lead to a lethal fall.
- Unsafe stairs or handrails – A stairway that isn’t up to safety codes puts everyone who uses it at risk. Loose railings, worn steps, or missing treads can result in fatal falls.
- Cluttered walkways – Boxes, cords, or equipment left in walkways can cause people to trip. If someone falls onto a sharp object or a hard surface, they can suffer life-threatening injuries.
Who Can Be Liable for a Death Caused by a Parking Lot Slip and Fall in NYC?
Several parties could be liable for a wrongful death from a slip and fall accident in a New York City parking lot. For example, property owners, tenants, or management companies might bear responsibility if they failed to maintain safe conditions on the premises. A business that leases space could share liability with the property owner if both had control over maintenance or snow removal. Liability might also extend to contractors hired to clean or repair the parking lot if their negligence contributed to the hazard.
Most of these cases involve claims filed through the property owner’s homeowner’s insurance or premises liability insurance, which covers injuries or deaths caused by unsafe conditions. To succeed, claimants must show that the responsible party knew or should have known about the danger and failed to correct it.
How Do You Establish Liability in a NYC Slip and Fall Death Case?
A slip and fall lawyer can build a slip and fall wrongful death case by proving that another party’s misconduct caused the fatal accident. The process begins with a full investigation of the accident scene to document the hazard that caused the fall, which might involve ice, an unattended spill, or uneven pavement. The attorney might also prove negligence by collecting security footage, maintenance logs, and witness statements, showing the property owner knew of the danger and neglected to address it.
Additionally, in a slip and fall lawsuit, expert witnesses might be consulted to explain how long the hazard existed or which safety codes were violated. A slip and fall attorney can also review any relevant lease agreements or service contracts to determine who controlled the property during the accident. By connecting the facts, a skilled attorney can prove that the defendant’s failure to maintain safe conditions led to the fall and the resulting death.
What Compensation Can You Seek in a NYC Slip and Fall Wrongful Death Claim?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The claim seeks fair compensation for the financial losses suffered by the surviving family due to the property owner’s negligence, which can include:
- Medical bills related to the deceased’s final injury
- Funeral expenses and burial costs
- Loss of financial support the deceased would have provided.
Families can also seek fair compensation for loss of parental guidance, household services, and other contributions.
A court distributes financial compensation to eligible survivors, usually spouses, children, or parents, based on their financial losses and relationship to the deceased. A slip and fall lawyer can help the personal representative estimate the value of the claim and pursue full compensation for grieving families under New York’s wrongful death laws.
Get Help from a New York City Slip and Fall Accident Law Firm Near You
David Resnick & Associates, P.C., has earned a reputation for treating people with care and fighting for outcomes that reflect their loss. Here’s how one client described their experience with us on their personal injury claim:
“This was my first time experiencing a slip and fall injury and I’m happy I trusted my gut to choose David Resnick & Associates, P.C. Everyone is so kind and provided me with multiple updates of my case. They assist me with physical therapy and surgery referral. They never once stopped fighting my case until it was settled with an amount I was satisfied with. I would definitely recommend to anyone that is in need of an injury lawyer!”
—Ivone Maduro
If you lost someone you love in a slip and fall accident, David Resnick & Associates, P.C., can help you explore your legal options today. Since 1998, our law office has recovered over $180 million for people across New York City and Long Island in personal injury cases and wrongful death claims, including millions in slip and fall cases. Contact us now for your free consultation with a wrongful death lawyer who will be on your side, fighting for you.
