The liability of the potentially responsible individuals varies, depending on the rules and principles adopted in the jurisdiction where the mishap occurred. David Resnick & Associates, P.C., is an experienced New York City slip & fall lawyer that can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.
Slip-and-fall accidents occur for many reasons. Some falls can be attributed to the negligence of property owners or managers. Examples of hazardous conditions that can lead to a slip and fall include:
What To Do After A Fall When To Hire Slip And Fall Lawyers In NYC
More than a million people each year visit emergency rooms in the United States because of falls. Some fall victims have minor injuries like cuts or bruises, while others break hips, suffer concussions or even damage their spinal cord. Falls can even be fatal.
If you are hurt in a fall on someone else’s property in New York City, the law may give you the right to make a claim against the person or company that owns or controls the property.
Seven crucial steps after being injured in a slip and fall accident include:
Get medical help right away
You should see a doctor or go to a hospital immediately after a fall. Not only do you need to get your injuries checked out and treated, but you also need medical records showing the extent of the damage and injuries caused by the fall. Some major injuries (for example, a traumatic brain injury) show few immediate symptoms. Timely medical care and diagnosis could save your life. Evidence of the extent of your injuries will also be valuable when you pursue a fall injury claim.
Report the accident immediately
You need to alert the person or company in charge of the property as soon as the accident happens. This means telling the homeowner whose house you were in, calling the landlord, or alerting the manager at a business. If the injury happened at a business or in an apartment, the storeowner or landlord should make a formal accident report, and you should ask for a copy. If you need to leave the accident scene for medical treatment, be sure to call back later to get an accident report.
Be careful what you say after the accident
Whether you are dealing with a homeowner, a landlord, or a business manager, you should avoid getting emotional, casting blame, admitting guilt or arguing about how and why you fell. You don’t want to say anything that could be used to undermine your potential claim for compensation. You also don’t want the situation to escalate into an argument. Simply report the facts of your injury in a straightforward way.
Get witness contact information
You should obtain the names, addresses, and telephone numbers of anyone who witnessed the accident. These witnesses can back up your story if the property owner tells a different version of events in an effort to escape liability for your fall injuries.
Be sure to take detailed photographs of the location where you fell, as well as any conditions that contributed to causing the fall (a broken tile or puddle of spilled liquid, for example). Try to ensure the pictures are time-stamped so it is clear exactly what the conditions were at the time of your accident. For example, if a homeowner clears the snow from a driveway and salts it an hour after your accident, it could become more difficult to prove that it was slippery and unsafe at the time of the fall.
Keep and preserve the clothes and shoes you were wearing
These can be useful evidence to show that the fall was caused by the negligence of the property owner.
Call a lawyer
You should contact a New York slip and fall attorney as soon as you can after you have suffered a fall injury or other accident caused by negligence. A premises liability attorney can help you to get started gathering evidence before it disappears, and can also make sure you don’t answer questions unnecessarily or say anything that you should not. It is especially important to consult with an attorney before you sign anything or negotiate with the insurance company that covers the property owner. Insurers focus on their own profits rather than on providing you with full and fair compensation for your injuries.
Filing a Slip and Fall Accident Lawsuit in New York City
Filing a lawsuit may be necessary to obtain compensation when a property owner causes fall injuries by negligently failing to maintain a property.
To file a claim in New York, you must submit your claim to the appropriate court. This is something often handled by your slip and fall lawyer in New York.
It is essential to state the facts of what occurred and to provide legal grounds for your claim. In a slip and fall case, you must assert that you suffered fall injuries because the property owner, renter or other responsible party unreasonably failed to correct hazardous conditions or failed to warn about them.
You must be able to prove the allegations made in your complaint when your case goes to court. If you have insufficient evidence of any aspects of your slip and fall claim, the defendant could get the case dismissed or prevail and be found not liable in a civil trial.
Begin gathering evidence as soon as possible after your fall, including medical records, witness statements and photos from the area where the accident took place.
What to Expect When Making a Slip and Fall Claim
When you contact a slip and fall attorney in New York to make your claim, you must prove liability by a preponderance of the evidence. If you present sufficient evidence the defendant is liable, you may be awarded compensation in a jury trial.
Many slip and fall cases are resolved out of court, which means a negotiated settlement is reached between the defendant (or insurance company) and the victim. The settlement should provide full and fair compensation. You should not accept a settlement or sign paperwork until an attorney has reviewed the documents to ensure you are being adequately compensated for all your losses.
Whether you settle a case or pursue it in court, David Resnick & Associates, P.C., can help every step of the way.
SETTLING A FALL CASEWITHOUT GOING TO COURT
Many cases are settled out of court. A SETTLEMENT may be possible in a slip and fall case if the defendant or defendant’s insurer makes a reasonable offer that you believe is fair compensation for your losses. You must ensure the compensation is sufficient, as you cannot change your mind after settling.
You do not need to delay filing a civil suit because of settlement negotiations, as negotiations can continue up to the time when the jury delivers its verdict. It is common for a defendant and plaintiff in a slip and fall case to continue negotiations even as a civil lawsuit moves forward in court.
DO I HAVE A CASE TO TAKE TO A NEW YORK SLIP AND FALL ATTORNEY?
If you have been injured in a fall on someone else’s property, New York law may entitle you to compensation if your accident was caused by negligent maintenance or failure to correct or warn about a hazard. It is essential to understand whether your accident gives rise to a fall injury case, as you must take action to obtain compensation for your losses.
Determining whether you have a valid fall case requires an investigation into the circumstances surrounding the accident, as well as an understanding of negligence laws in New York.
At David Resnick & Associates, P.C., our attorneys have years of experience and the legal knowledge necessary to help you pursue a claim. Our slip and fall injury attorneys can ANSWER QUESTIONS such as:
Do you have a claim for a slip and fall?
Who do you have a claim against?
What can you expect when you make a slip and fall injury claim?
Elements Of A Successful Fall Claim In New York City
To make a successful claim for a fall accident, the claimant has the burden of proving:
The defendant was negligent or failed to live up to a basic obligation to ensure safe conditions on his or her property.
The defendant’s negligence was the direct cause of the fall.
The defendant’s negligence was the direct cause of the fall.
It is important to review the circumstances of the fall. If the property owner’s negligence was a cause of your fall injuries and you can prove it, then you may have a claim.
The property owner’s negligence is determined by an assessment of whether the owner fell short of the duties owed to guests. Property owners who invite guests to commercial spaces (such as stores and restaurants) have an obligation to inspect their properties regularly and either correct dangerous conditions or warn patrons of them.
Property owners who invite casual guests such as friends and neighbors into their homes also have an obligation to warn of dangers or correct them. However, they do not need to inspect their premises.
To make a claim, you will need some proof that the defendant failed to live up to these obligations. The evidence could include such things as maintenance records, photos showing dangerous conditions or witness testimony about hazards.
Who Can Be Held Liable For My Slip and Fall Injury?
You may make a claim against a property owner whose negligence caused your fall. Other situations include:
If an individual or business was renting a property and assumed control and responsibility for that property, you may have a claim against the renter if that party’s negligence caused the fall
If the injury occurred in an apartment, your claim may be against the landlord if the injury happened in common spaces. Your claim may be against the tenant if your injury occurred because of unsafe conditions the renter created within the apartment.
If the injury occurred at your place of work, your claim may be against the company or a third-party individual whose negligence caused your injuries.
Injuries on public property, such as on dangerous sidewalks, can also give rise to a claim against the government entity responsible for maintenance. However, suing the government is more challenging because of limited governmental immunity protections.
An attorney in New York City who focuses on premise liability cases like can assist in determining who you might have a claim against.
If someone else caused your slip-and-fall injury, they could owe you financial compensation for your accident-related losses. Slip-and-fall settlement amounts in NYC depend on factors like the severity of the injury and the extent of the responsible party’s wrongdoing. Potential types of compensation include money for your:
Medical expenses – Past and current medical care, future treatments, prescription medications, and rehabilitation
Lost wages – Lost income and benefits
Reduced earning capacity – If you cannot work or the injury damages your career prospects
Pain and suffering – Physical pain, emotional distress, and reduced quality of life
You could also be entitled to punitive damages in your slip-and-fall case. This money punishes the at-fault party for extremely reckless or intentionally malicious behavior. Your lawyer must present clear and convincing evidence that the responsible acted with “wanton and willful” disregard for your safety. While rarely granted, it’s a good idea to ask your slip-and-fall accident attorney whether punitive damages are possible in your case.
Slip and Fall While Visiting NYC
New York City, with its vibrant streets and countless attractions, draws millions of tourists each year. However, navigating the city’s sidewalks, public transportation, and airports can be treacherous for the unsuspecting traveler. Slip and fall accidents are a common occurrence, especially during inclement weather or when premises are not adequately maintained.
Airports are prime locations for slip-and-fall accidents. Spills, debris, and even escalator malfunctions can lead to dangerous conditions for travelers. Inadequate signage or lighting can exacerbate the risk, particularly for those unfamiliar with the airport layout.
Public transportation in NYC, including subways, buses, and train stations, also presents significant hazards. Uneven platforms, wet or icy surfaces, and crowded stations can all contribute to slip-and-fall incidents. Negligence by transportation authorities or private property owners responsible for maintaining these spaces can result in serious injuries.
David Resnick and his team are dedicated to helping victims recover the compensation they deserve, ensuring that visitors and residents alike can navigate the city’s diverse landscapes with confidence and safety.
Statute of Limitations
If you get hurt in a slip-and-fall accident in the Bronx, New York’s statute of limitations law gives you three years from the date of the incident to sue. If you fail to file your case within this period, you’ll likely lose your opportunity to seek compensation for your injuries and related losses.
Some exceptions and special circumstances could extend or shorten the time limit to file suit. Because time is of the essence, it’s wise to consult a legal professional immediately after a slip and fall to preserve your rights.
How a Slip and Fall Lawyer Can Help
If you have a slip-and-fall injury, a knowledgeable injury lawyer will help you:
Answer your questions and evaluate the merits of your case in an initial consultation
Collect and preserve evidence, such as photos, videos, and witness statements
Consult medical professionals to assess the extent and impact of your injuries
Calculate and document all accident-related expenses and losses
File legal paperwork within the applicable statute of limitations
Communicate with insurance companies on your behalf
Negotiate a fair slip-and-fall settlement that fully covers your injuries and losses
File a lawsuit and represent you in court if negotiations break down
Contact Our NYC Slip & Fall Accident Lawyers
Whether you wish to settle or you want your day in court, David Resnick & Associates, P.C., is here for you. We are experienced negotiators and skilled litigators. We will do everything possible to get the maximum compensation for your fall injuries.
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