NYC Slip and Fall Lawyer
An NYC slip and fall lawyer can help you fight to get every cent you deserve if you experienced painful physical injuries and financial losses from an accident. If your fall was due to negligence, the property owner could be held responsible for the resulting costs. Don’t let the owner walk away without facing up to their obligation and shoulder the expenses yourself. The Platta Law Firm will protect your rights every step of the way.
Why Choose The Platta Law Firm After a Slip and Fall Accident
Since 2007, The Platta Law Firm has helped injury victims stand up to insurance companies, property owners, corporations and employers after slip/trip and fall accidents. Collectively, our award-winning New York trial attorneys have over 130 years of experience and have won $198 million+ on behalf of clients. Recently, we won $48 million for a construction worker who fell due to faulty stairs.
Don’t settle for less than your slip and fall accident case is worth. Reach out to The Platta Law Firm, and find out how an NYC slip and fall lawyer can help you maximize your damage recovery. Your first consultation is free, and if your case is not resolved successfully, you pay us nothing. Call our NYC office at (212) 514-5100 to get started or, if it is easier, contact us online.
How Common Are Slip and Fall Accidents?
About eight million people are treated in emergency rooms across the country for fall related injuries annually, according to the Centers for Disease Control and Prevention (CDC).
Slip and fall accidents account for one million hospital visits annually. That’s roughly 2,740 slip and fall accidents every day, and those are just the ones where an emergency room visit occurs. Slip and fall accidents account for 50 percent of workers’ comp cases. They are also responsible for over 1.8 million people over 65 visiting an emergency room yearly.
How Our NYC Slip and Fall Attorneys Can Help
When you slip and fall on someone else’s property, the person responsible for its maintenance and care can be financially responsible. However, they won’t be quick to admit fault or cut you a check. To deny or limit your payout, their insurance company might even try to blame you for the fall. You need to fight to get the money you deserve.
An NYC slip and fall lawyer can help you level the playing field, force fair negotiations and put you in the position to get top results by:
- Helping you understand your legal options and answering your questions
- Investigating your slip and fall accident
- Identifying the dangerous condition or hazard that caused you to fall
- Gathering evidence that can be used to support your claim, including photographs, surveillance footage, medical records, accident reports and eyewitness testimony
- Working closely with respected experts and specialists
- Preparing and submitting claims and documents on your behalf
- Handling negotiations with property owners, companies, insurance carriers and other parties on your behalf
- Filing a lawsuit and bringing your slip and fall accident case to an NYC jury if you don’t receive a fair settlement offer
Once this evidence is collected, an NYC slip and fall lawyer can build a robust case for you. Contacting your attorney as soon as possible is essential since evidence can disappear or altered.
Where Do Slip and Fall Accidents Happen in New York?
Slip and fall accidents can happen just about anywhere in New York City. Some of the more common locations are:
- Food and beverage establishments, including bars, restaurants and others
- Accommodation and lodging establishments such as hotels
- Grocery and convenience stores as well as retail establishments
- Government properties such as the post office and parks
- Healthcare facilities, including hospitals, medical offices and others
- Parking areas, including open lots and multi-story garages
- Educational facilities such as universities, libraries and schools
- Entertainment establishments like theaters, nightclubs and concert facilities
- Construction sites
- Sports facilities, including arenas and gyms
- Office and residential buildings
- Daycare facilities for children and adults
- Assisted living establishments and nursing homes
Don’t accept the lie that slip and fall accidents are inevitable. They are preventable. If proper precautions are left undone, you have the right to file a lawsuit.
What’s the Difference Between a Slip and Fall and a Trip and Fall?
It is essential to distinguish between slip and fall and trip and fall accidents. Their causes and injuries differ.
What Is a Slip and Fall Accident?
A slip and fall typically occurs when your foot hits a slick, movable or unsecured surface. Your foot and trunk move forward, while momentum causes the rest of your body to fall backward. Some of the most commonly reported injuries include:
- Skull, back and hip fractures
- Traumatic brain injuries such as a concussion or an accumulation of blood on the surface of the brain that requires surgical removal
- Bruised or fractured tailbone, which causes persistent pain
- Back injury, including herniated discs
- Spinal cord injury, leading to paralysis in some cases
What Is a Trip and Fall Accident?
A trip and fall typically occurs when a hazard or object obstructs your path, and your foot gets stuck and trips over it. Momentum carries the top half of your body forward while the trunk and feet remain behind. You typically fall forward on a trip and fall, and some commonly reported injuries include:
- Bruising and fractures of the face, knees and hands
- Traumatic brain injury, often as a result of blunt force trauma to the front of the head
- Dental and eye damage
- Blunt chest and abdominal trauma
- Minor injuries such as lacerations and soft tissue damage
It is possible to file a claim against a negligent person or entity whether you fell because you slipped or tripped. You can recover damages in either situation if negligence is present.
Conditions Leading to Trip and Fall Accidents in New York
Trip and fall accidents happen when hazards are in areas where people commonly walk. They vary from exposed tree roots, cracks in the sidewalk or deterioration of the walkway to potholes and debris in the walker’s path. The property owner should know about the hazards and remove or fix them. Other common hazards are:
- Broken or ice covered stairs
- Uneven stair or walkway surfaces
- Unsecured rugs
- Lack of sturdy railings
- Unsecured wires or cables left in the walker’s path
What Conditions Lead to Most Slip and Fall Accidents in New York City?
Slip and fall accidents in New York City typically exist because of a property owner’s negligence. Some hazards that regularly contribute to slip and fall accidents in NYC include:
- Uncleaned spills and puddles found in commercial establishments and other areas that are not removed quickly
- Slippery surfaces, sometimes due to recently waxed or cleaned floors or ice covered areas and lack of salt or mats to prevent fall
- Lack of warning signage around a slippery surface
- Failure to clear sidewalks of snow or ice
Snow and Ice Covered Sidewalks in the City – Rules
There are rules in NYC to prevent accidents on snow and ice covered sidewalks. The administrative code in New York City mandates that owners are responsible for sidewalks adjacent to their property:
- If the snow ceases between 9:00 p.m. to 7:00 a.m., remove it by 11:00 a.m.
- If the snow ends between 5:00 p.m. and 9:00 p.m., remove it within 14 hours
- If the snow stops between 7:00 a.m. and 5:00 p.m., you have four hours to remove it
Suppose an owner or other responsible person of a commercial business or residential building fails to remove sidewalk snow and ice. When that happens, they can be accountable for injuries due to a slip and fall accident.
Documentation of a Slip and Fall Accident
It’s important to document the hazard that caused you to fall and get hurt. There are things you can do at the scene of a commercial business accident:
- After you fall, take a picture of what caused the accident with your mobile phone. In addition, take note of whether any warning signs or mats were present.
- Be sure to check if anyone witnessed the accident. Get the name, phone number and address of witnesses. Despite not seeing you fall, some witnesses may be aware of your injuries. Obtain their information as well.
- You might speak to store employees. Obtain their names, positions and ID numbers. Their badges should display this information.
- When asked to complete an accident report form, you will need to do so. It is an excellent way of presenting the facts. The store manager will also document the incident.
- Ask for a copy of the accident report. Wait until it is finished
- Notice if a video camera was located near the accident site. Take a picture of the surveillance camera. Your NYC slip and fall lawyer can use the footage to prove negligence. Since many establishments record over existing videos, it is best to have your attorney onboard as soon as possible.
Who’s Liable for a Slip and Fall Accident in NYC?
Slip and fall cases are a type of premises liability matter in New York. Under New York premises liability law, property owners have a legal obligation to keep their premises reasonably safe for guests and visitors. This includes a responsibility to identify, place warning signs, repair and/or remove hazardous conditions.
In New York, liability could potentially extend to any of the following parties in a slip and fall accident case:
- Tenants in some cases
- Landlord or property owner
- Manager of a commercial business
- Government agency in charge
- Private school owner or district where a public school is located
Our NYC trip and fall lawyers will examine the circumstances surrounding your accident to determine how it happened and who’s at fault. Once liability is confirmed, the attorneys can actively pursue compensation from anyone who shares responsibility for your injuries.
What Damages Can I Get if I’m Hurt in a Slip and Fall Accident in New York City?
Under New York law, compensatory damages can be awarded to plaintiffs in a slip and fall injury case. Compensatory damages include:
- Lost wages, job benefits, future earnings and commissions
- Current and future medical expenses, including care received in the hospital and at home
- Rehabilitation therapy
- Nursing assistance at home, assistive devices and home modifications for individuals disabled by the slip/trip and fall accident
- Disfigurement and reduced quality of life
- Chronic physical pain
- Embarrassment, depression and anxiety
- Loss of consortium
Since each case is different, an NYC slip and fall lawyer will calculate your specific damages. You can discuss this with your attorney during the free case review.
If your slip and fall accident lawsuit goes to trial, a jury might decide that punitive damages are appropriate. The jury awards these damages if the defendant acted intentionally, maliciously or with a conscious disregard for your safety. These damages do not compensate the injured person for their financial loss but punish an at fault party.
How Much Money Is My NYC Slip and Fall Accident Case Worth?
There’s no standard value for a slip and fall accident case in NYC. However, many factors will influence valuation:
- What types of injuries have you suffered?
- Do you have to miss work because of your injuries?
- How has your day to day life changed since your slip and fall accident?
- Are you seeking benefits through a workers’ compensation claim or pursuing damages in a third party personal injury lawsuit?
Your age, income and severity of your injuries affect how much money you might be able to recover. An NYC slip and fall attorney can calculate potential losses to maximize your financial settlement. Your choice of attorney matters, too.
Is There a Time Limit to File a Personal Injury Claim After a Slip/Trip and Fall in NYC?
You have a limited time to file a claim or lawsuit after a slip and fall accident in New York City. The length of time you have depends on how you decide to pursue compensation.
- If you were injured in a construction or workplace accident in New York City, you could qualify for workers’ compensation benefits. You’ll have two years to initiate a claim with your employer’s insurance company.
- If you want to pursue a private civil action against a negligent property owner, you have three years from the date of your slip and fall to file a lawsuit in New York City.
- Following a fatal slip and fall accident in NYC, you have two years to bring a wrongful death action against responsible parties.
- When seeking damages from a negligent government agency, you must file your claim within 90 days of your slip and fall accident.
Don’t let too much time go by without taking action. You will lose the opportunity to demand compensation once the statute of limitations expires.
Using a Police or Store Incident Report to Prove a Slip and Fall Accident in NYC
An incident report is important in your slip and fall case. They provide an outside source that might verify your description of the accident. In addition to supporting your case, the reports provide facts that could be lost later. However, you can still file a claim without them.
Sometimes the reports are not readily available, so a little effort might be necessary when obtaining them. For instance, if the accident happened inside a commercial establishment, determining who filled out the report is the first step. When you cannot remember the filer’s name, locate the store manager. They will have a copy of the incident report. This is why it is best to demand the names of store personnel who were present at the slip and fall, and ask for a copy of the report before you leave.
Walmart is slightly different. The company handles their own claims, which means you do not have to deal with an outside insurance company. It is possible to go to the store where the slip and fall accident occurred to obtain a copy. If you are unable to do that, call (800) 527-0566. This is the number for Walmart Claims Services.
Likewise, if a law enforcement officer comes to a slip and fall accident site, you need a copy of their report. You can ask for a copy or get their name and badge number at the incident location. To obtain a copy of an accident report in NYC, contact the local precinct or police department where the slip and fall occurred.
If you slipped and fell outside or inside a government building, you need to determine who is liable. For instance, if the incident happens inside the post office, it is likely the government is liable. However, if you slip on ice outside the post office because the sidewalk is slick, the government might not be responsible. Your attorney will check to see if the city or the government was responsible for maintaining the sidewalk before obtaining the incident report.
Tricks Insurance Companies Use in a Slip and Fall Case
You need to talk to your NYC slip and fall lawyer before accepting a settlement. Insurance companies frequently offer to pay a lower amount than the case deserves. This takes advantage of your financial situation and is an old trick. An experienced attorney will advise you against playing into this since you may find yourself responsible for high medical bills and other losses. We’ll process your case as quickly as we can from our end, and we’ll always advise you on its current status.
New York Slip and Fall Accident FAQ
Evidence of negligence in a slip and fall is required if your claim/case is to proceed. You must prove that the property owner knew or should have known about the danger.
In New York, you can sue even if you were partially at fault. This is called pure comparative negligence. Your ability to collect damages is based on your degree of fault.
Definitely, you still might have suffered a muscle or tendon tear or a spinal injury. If this occurs and is not added to your damages, you may be responsible for treatment costs.
Yes. We have resources available to identify who owns the property where your accident occurred.
It depends on where the accident occurred. Many cities and towns impose an obligation upon the property owner to maintain the sidewalk and failing to do so is negligence.
You can replace your attorney anytime, even if that lawyer has already presented you with a settlement offer. It may be helpful to obtain a fresh look at your situation.
It depends on many factors. These include the case complexity, the number of defendants, the severity of your injuries and your medical treatment among others.
The Platta Law Firm – Trusted NYC Slip and Fall Accident Lawyers Ready to Fight for You
Call The Platta Law Firm if you need legal advice in your slip and fall case. Our nationally recognized NYC slip and fall lawyers can help you fight to achieve financial justice. Our number in the city is (212) 514-5100. You can also contact us online.