Who Is At Fault For A Slip And Fall?
Slip and fall accidents are one of the most common causes of injury, accounting for over 8 million hospital emergency room visits in the country annually. From broken bones to head injuries, the fallout from a slip and fall accident can be severe and long-lasting, affecting your physical, emotional, and financial well-being.
But who is responsible for the damages and expenses that come with a slip and fall accident? Is it the property owner, the property manager, or someone else? These are common questions, and the answers are not always straightforward. In this post, we will explore the intricacies of slip and fall accidents and identify who is at fault for them.
How and Where Do Slip and Fall Accidents Happen in New York City?
A casual stroll in a store or down the street, a routine visit to the office, or a visit to a friend's house or construction sites – all these places can have potential hazards that can cause severe injuries. Unfortunate accidents can happen even in the most familiar places in New York:
- Retail Stores: Browsing through the store aisles can turn into a nightmare if the floor is wet or slippery. Most of the slip and fall accidents in retail establishments are due to inadequate lighting, loose carpeting, or unattended spills.
- Sidewalks and Roads: New York City is known for its high-traffic sidewalks and roads, but these can also pose a risk to pedestrians. Cracks, potholes, and accumulated snow and ice can cause trips and falls that lead to serious injuries.
- Office Premises: Offices can also be a location where one slips or trips. Slick bathroom floors, worn carpets, and unattended spills in common areas can contribute to such incidents.
- Construction and Building Sites: Construction work sites are some of the most hazardous locations when it comes to slip and falls. Uneven surfaces, falling debris, and unsecured equipment can cause accidents, and workers and visitors may also be at risk of falls from heights.
- Residential Apartments and Houses: Even in the comfort of our own homes or the homes of our loved ones, slip and falls can happen. Loose rugs, cluttered walkways, and unfamiliar layouts are just a few of the hidden dangers that can cause accidents.
Who is Liable for a Slip and Fall Accident in New York?
Under New York laws, property owners, managers, occupiers, and tenants are required to ensure that their premises are maintained in a reasonably safe condition, and to provide warnings or make corrections for any known hazards that could cause harm to visitors. This means that they are responsible for ensuring that their properties are free from any unsafe conditions that could lead to a slip and fall accident.
If someone is injured due to a fall on someone else's property, they may be able to recover compensation for their injuries and related losses. Based on this, in order to do so, they must first prove that the property owner or manager was negligent, i.e., they failed to exercise reasonable care in maintaining their property and correcting or warning against known hazards.
Construction Companies and Other Liable Parties in New York City Slip and Fall Cases
In some cases, a construction company or third parties related to the construction process may be held liable for slip and fall injuries occurring to construction workers or other individuals.
- Construction Company: Violation of OSHA regulations or building codes, or negligence in providing a safe construction worksite may lead to a slip and fall accident and injury, resulting in the construction company’s liability.
- Sub-contractors: Construction project sub-contractors that fail to clear debris or a liquid spill on the construction site or fail to secure the site, resulting in a fall from a height, may be held liable.
- Equipment Makers: Defective ladders or faulty scaffolding may result in a serious fall injury for the construction workers, making them liable for their injuries and losses.
- Construction Site Owner: If the site owner was aware of the hazardous conditions on the site, but chose to turn a blind eye, may be held liable for any slip and fall injury resulting from the conditions.
Michael S. Lamonsoff, “The Bull” of New York Can Maximize Your Slip and Fall Injury Claim
If you or a loved one has suffered injuries in a slip and fall accident in New York due to the negligence of a property owner, manager, government entity or another party, New York’s leading personal injury attorney Michael S. Lamonsoff and his legal team at The Law Offices of Michael S. Lamonsoff are here to help. With 100+years of combined experience and a proven track record of success in handling slip and fall cases and premises liability claims, we are in a position to help you obtain the compensation you deserve.
Our team will investigate the accident, gather strong evidence, and build a compelling case to hold the at-fault parties liable for their negligence. We will work tirelessly to help you recover the maximum compensation for your medical bills, lost wages, and pain, and suffering. Call us at 212-962-1020 or reach us online to schedule a free consultation with our team today.