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New York Slip and Fall Accident Attorneys

Injured In a Slip and Fall Accident? We Can Help!

New York Slip and Fall Accident AttorneyMillions of people are seriously injured every year in slip and fall accidents. According to the National Floor Safety Institute, “Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls.” Slip and fall accidents can be particularly dangerous for the elderly who are more likely to suffer hip fractures and break other bones. The annual medical costs for treating slip and fall accidents was estimated to be around $50 billion each year in the United States.

Slip and falls are increasingly common during the winter months when parking lots, driveways, and sidewalks can become covered in snow or ice. Business owners have a legal obligation to maintain their premises in a reasonably safe condition and do everything that they can to prevent guests from being injured in slip and fall accidents. This may include using salt to melt snow and ice on common walkways. If you’ve been injured in a slip and fall accident, it’s important to speak with an experienced personal injury attorney. The slip and fall attorneys at Gersowitz Libo & Korek, P.C. are here to help with whatever you need. Our attorneys have decades of experience and can investigate all of the unique facts of your case free of cost. They can let you know what your legal options are.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can occur in a wide variety of different settings. This could include areas with wet or slippery surfaces. In particular, grocery stores are a common site for slip and falls. If someone spills something on the floor, a store clerk has to come and mop it up. Likewise, water is constantly sprayed in the produce section of grocery stores. This water can accumulate and make the surface of the floor slick. There are a number of other common causes of slip and fall accidents.

  • Uneven Surfaces: Cracks in a sidewalk or walkway can cause pedestrians to lose their balance and fall over.
  • Inadequate Lighting: Poor lighting conditions can make it difficult to see hazards and obstacles on the ground.
  • Cluttered Walkways: Falls are more likely to occur when objects and other clutter are left on the ground.
  • Improper Maintenance: A lack of maintenance at any location such as broken handrails or loose carpeting can contribute to a slip and fall accident.

Property owners are not always able to eliminate potential slipping hazards. However, they should still do their best to warn about the presence of slipping hazards. This can be done with “wet floor” signs and other measures. Property owners should always do their best to mitigate tripping hazards. Floors should be kept in a neat and orderly fashion. Walkways can also be coated with non-slip materials. When a business owner fails to take reasonable steps to prevent falls, this could form the basis of a negligence claim.

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Liability For Slip and Fall Accidents

All businesses in New York have a legal responsibility to maintain their areas in a reasonably safe environment. In the seminal case Basso v. Miller, 40 N.Y.2d 233 (1976), the New York State Court of Appeals held that landowners owe a duty of care to all persons frequenting their property regardless of their status – insofar as their presence was reasonably foreseeable. When a property owner has either “actual notice” or “constructive notice” of a defect on their property they must take action to correct that defect.

  • A property owner may have “actual notice” about a dangerous condition on their property if they were told about the defect in a letter or complaint. Actual notice can be demonstrated if a plaintiff can prove that a property owner created the dangerous condition.
  • A property owner may have “constructive notice” of a dangerous condition if they knew or should have known about a particular hazard. When a dangerous condition exists for a sufficient period of time, a property owner should have had enough time to discover it and remedy the situation.
  • A property owner may have also constructive notice of a dangerous condition on their property if there is a history of similar accidents at one location. For example, a hole in the roof of a building could allow water to build up which led multiple people to slip and fall in the exact same spot.

There have been a number of cases in New York that have helped establish potential sources of liability for slip and fall accidents. A puddle of liquid in a supermarket could create an unsafe condition. (Navedo v. 250 Willis Ave. Supermarket, 290 A.D.2d 246 [1st Dep’t 2002]). Accumulated debris in a stairwell could create a tripping hazard. l (Bido v. 876-882 Realty, LLC, 41 A.D.3d 311 [1st Dep’t 2007]). A patch of ice on a sidewalk could cause someone to fall. (Rosenblatt v. City of New York, 160 A.D.2d 927 (2d Dep’t 1990]). An electrical cable not taped or secured to the floor could create a defective condition. (Stevenson v. Saratoga Performing Arts Ctr., 115 A.D.3d 1086 [3rd Dep’t 2014]).

Establishing Fault For A Slip And Fall Accident

It is crucial that evidence is properly preserved after any slip and fall accident. In particular, the condition that caused the fall should be thoroughly documented. Plaintiffs must be able to show a jury the condition as it existed at the time of a fall. This can be done through the use of photographs or videotapes. Ultimately, the evidence must show the condition as documented was “substantially similar” to the one that an injured person claims was responsible for their fall. In order to win a civil claim, a plaintiff must be able to clearly demonstrate negligence.

  • Duty: The defendant owed the plaintiff a legal duty of care under the conditions in which the accident occurred;
  • Breach: The defendant breached their duty of care through their action or inaction;
  • Causation: The defendant’s action or inaction caused the plaintiff’s injury; and
  • Damage: The plaintiff was injured as a result of the defendant’s action or inaction.

It is very common for defendants to do everything in their power to deny liability for any slip and fall accident. This is why evidence is so crucial after any accident. Any person that is injured in a slip and fall accident will typically have recourse through a civil claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Hiring an attorney can often mean the difference between winning or losing your case.

Common Injuries With Slip and Fall Accidents

Slip and fall accidents are extremely common and often result in serious injuries with lasting consequences. According to PubMed Central, “Besides sprains and strains, fractures and bruises were the second leading cause of injury for both “falls to lower level”, and “falls on same level” cases. Furthermore, nearly 70% of all multiple injuries of fall accident were due to sprains and fractures.” What follows below are just a few of the common consequences that often come with slip and fall accidents.

  • Victims of slip and fall accidents may have accumulating medical bills.
  • In addition to high medical bills, an injured person may be forced to take time off work. This can put them in an even more precarious financial situation.
  • Accident victims may suffer long-term mobility issues if they injured their spine. Spinal injuries can also require a life-time of pain management.
  • Even after a person’s physical injuries have healed, many accident victims report suffering from anxiety, depression or post-traumatic stress disorder.

There are a number of steps that people should take if they’ve been injured in a slip and fall. The scene of the accident should be well documented. If a sidewalk was cracked or covered in ice, pictures should be taken. All medical files associated with the accident should be preserved. It is common for accident victims to be contacted by the insurance party of the property owner where the accident took place. These calls should be completely ignored. Instead, an injured person should seek out the guidance of an experienced slip and fall accident attorney.

Getting Help After A Slip and Fall Accident

Have you or someone that you care about been injured in a New York or New Jersey slip and fall accident? Our team of personal injury attorneys at Gersowitz Libo & Korek, P.C. are here for you. We are committed to getting our clients the maximum compensation for their injuries. In fact, we have recovered over $1 billion for our deserving clients.

Our attorneys have decades of experience and have spent their legal careers helping accident victims just like you. You can trust that we will work tirelessly on your behalf to help you get the best outcome possible. It does not cost anything up front to hire our attorneys. We work entirely off of a contingency fee basis and only get paid if we are able to successfully resolve your claim. To  schedule a risk free consultation you can reach out to us anytime at (212) 385-4410.

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