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Contact UsUnderstanding Slip and Fall Accidents and Their Injuries
Slip and fall or trip and fall accidents can result in devastating injuries, such as:
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Traumatic Brain Injuries (TBIs): Individuals may experience confusion or disorientation, headaches, nausea or vomiting, drowsiness, speech difficulties, or periods of unconsciousness. Severe TBIs can result in lasting cognitive or physical disabilities.
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Broken Bones: Symptoms typically include severe pain, visible deformity of the affected area, swelling, bruising, inability to move the affected limb, and in extreme cases, the bone may be protruding through the skin.
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Spinal Disc Injuries: These injuries may manifest as sharp or persistent pain in the neck, back, or limbs, numbness or tingling sensations, muscle weakness, and difficulty with walking or coordination.
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Knee and Shoulder Injuries: Symptoms can include acute pain, swelling, limited range of motion in the joint, visible bruising, and in some cases, an audible 'pop' or 'crack' at the time of injury.
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Concussions: Symptoms of concussions, a form of mild TBI, often encompass headaches, confusion, dizziness, ringing in the ears, nausea, or vomiting. Individuals may also exhibit slurred speech, appear dazed, and feel unusually fatigued.
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Fatal Injuries: In the most severe cases, slip and fall or trip and fall accidents can result in fatalities. This can be immediate due to catastrophic trauma, or it can occur later as a result of complications arising from the injuries sustained in the fall.
It is crucial to seek immediate medical attention if you or someone else has been involved in a slip and fall accident. Some injuries may not present symptoms immediately, and any delay in seeking treatment could potentially exacerbate the injury or lead to serious complications.
If you or a loved one has experienced one of the above symptoms resulting from an injury in a slip & fall it is important to contact a law firm with experience in in order to learn your rights.
What are Frequent Causes of Slip & Fall Accidents?
Slip and fall accidents can occur due to a variety of reasons, often due to hazardous conditions that are overlooked or not addressed promptly. Some frequent causes include:
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Wet or Uneven Surfaces: This is the most common cause of slip and fall accidents. Examples include puddles of water, recently mopped or waxed floors, loose floorboards, poorly constructed staircases, potholes, and cluttered floors.
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Inadequate Lighting: Poorly lit areas make it hard to see obstacles or hazards, increasing the risk of a slip and fall accident. This is particularly common in parking lots, stairwells, and walkways.
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Weather Conditions: Natural weather conditions like rain, snow, ice, and sleet can make outdoor walkways slippery and dangerous.
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Lack of Proper Safety Equipment: In workplaces, particularly construction sites, the absence of necessary safety equipment such as handrails or non-slip surfaces can contribute to slip and fall accidents.
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Loose or Worn Carpets and Rugs: Unsecured rugs or carpets, or those with worn spots, can cause people to trip and fall.
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Uneven Sidewalks or Pavements: Cracks or unevenness in sidewalks, driveways, and roads can be a tripping hazard.
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Neglected Maintenance: Over time, wear and tear can lead to hazardous conditions that cause accidents if maintenance is neglected.
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Spills and Leaks: In supermarkets, restaurants, or any location with liquids, a spill or leak that's not promptly cleaned up can cause a slip and fall accident.
Remember, it's the responsibility of the property owner to maintain safe conditions. When they fail to do so, and a slip and fall accident occurs as a result, they could be held liable for damages.
What To Do When You Slip and Fall
Remember, every slip and fall incident is unique, and the specific actions you should take may depend on the circumstances. It's always recommended to consult with legal professionals who can provide tailored advice based on your situation.
If you slip at a grocery store, it's important to take certain steps to ensure your safety and protect your legal rights. Here's what you should do:
- Assess your injuries: Check yourself for any injuries and determine if you need immediate medical attention. If you're seriously injured, seek medical help right away.
- Notify store staff: Inform the nearest store employee or manager about your slip and fall accident. Provide them with details of what happened and the exact location of the incident. Request that they create an incident report and ensure it accurately describes the incident.
- Document the scene: If you're able to, take photos or videos of the area where you slipped, including any hazardous conditions that contributed to the accident. This visual evidence can be helpful if you decide to pursue a legal claim later.
- Gather witness information: If there were any witnesses to the accident, obtain their names and contact information. Their statements can support your claim if necessary.
- Seek medical attention: Even if you initially feel fine, it's advisable to consult a healthcare professional to assess any hidden injuries or underlying conditions. Keep a record of your medical visits, diagnoses, treatments, and expenses related to the accident.
- Preserve evidence: If there are any physical objects that caused your slip, such as a spill or a broken item, ask the store to preserve it as evidence. This can be crucial in proving negligence on the part of the store.
- Consult an attorney: If you've sustained injuries or incurred significant medical expenses, it's wise to consult with a personal injury attorney experienced in premises liability cases. They can guide you on the legal options available to you and help you navigate the claims process.
Hotels can be held responsible for injuries that occur on their property. Here are some key points to consider:
- Duty of care: Hotels have a legal obligation to exercise reasonable care in maintaining their premises and ensuring the safety of their guests. They must take appropriate measures to address known hazards and promptly fix any dangerous conditions.
- Negligence: To hold a hotel liable for injuries, it must be proven that the hotel breached its duty of care through negligence. This means demonstrating that the hotel failed to take reasonable steps to prevent the injury or that the injury was a result of their actions or inaction.
- Notice of hazards: Hotels are expected to be aware of any hazardous conditions on their property. If a hazard is known or should have been known, the hotel may be liable for injuries resulting from that hazard.
- Contracts and waivers: Some hotels include liability waivers or limitation of liability clauses in their terms and conditions. Many of them are not enforceable and are included to make the hotel visitor falsely think he or she has no legal recourse. However, this may be very far from the truth.
- If you've been injured at a hotel, it's advisable to consult with a personal injury attorney who can assess the circumstances of your case, evaluate the hotel's liability, and guide you through the legal process. They can provide advice based on the relevant laws and help protect your rights and interests.
If you are involved in a slip and fall incident at a church or any place of worship, here are some steps you can take:
- Seek medical attention: Your health and well-being should be your top priority. If you are injured, immediately seek medical attention. Even if you don't feel injured at the moment, it's still a good idea to get checked by a healthcare professional to ensure there are no hidden injuries or delayed symptoms.
- Report the incident: Notify the appropriate authorities within the church or place of worship about the incident. This can be a staff member, volunteer, or designated person responsible for handling accidents or incidents. Provide them with details of what happened and the location of the incident.
- Document the scene: If you are able, take photos or videos of the area where the slip and fall occurred. Capture any hazards or conditions that may have contributed to the incident. This documentation can serve as evidence later if needed.
- Gather information: Obtain the names and contact information of any witnesses present at the time of the incident. Their statements may be valuable for supporting your case if you decide to pursue a claim.
- Preserve evidence: If there is any physical evidence related to the incident, such as torn clothing, footwear, or any other items, keep them safely in your possession. These items may serve as evidence in establishing liability.
- Report to your insurance company: If you have health insurance or any other relevant insurance coverage, report the incident to your insurance provider. They can guide you on the process of filing a claim and may cover medical expenses or other damages, depending on your policy.
- Consult a personal injury attorney: It can be beneficial to consult with a personal injury attorney experienced in premises liability cases. They can assess the specifics of your situation, advise you on your legal rights, and guide you through the process of seeking compensation if appropriate.
Remember, every slip and fall incident is unique, and the specific actions you should take may depend on the circumstances. It's always recommended to consult with legal professionals who can provide tailored advice based on your situation.
Standing By Your Side: How Our NYC Slip & Fall Lawyers Fight For You
Thorough Analysis of Your Damages
Victims often underestimate the future medical care required post-accident, leading to insufficient compensation demands. At The Law Offices of Michael S. Lamonsoff, our slip and fall lawyers will conduct a comprehensive analysis of your damages, leveraging years of experience to ensure an accurate evaluation, thus helping to avoid any out-of-pocket expenses on your part.
Providing Insightful Legal Advice
You'll undoubtedly encounter complicated situations during your slip-and-fall case. Rather than risking a costly mistake, our team's extensive familiarity with the New York civil justice system allows us to provide invaluable advice, steering your case in the right direction.
Negotiating with Insurance Companies
Insurance companies rarely offer fair settlements initially. Having our team of New York slip and fall accident lawyers in your corner takes the worry out of negotiating terms. Our team, seasoned in dealing with NY insurance companies, knows how to persuade them towards more generous settlements.
Representing You in Court
If fair settlement terms cannot be reached, your case may go to court. Our lawyers are adept at presenting cases clearly and convincingly to a judge. We're prepared to argue on your behalf, ensuring your case is represented in the best possible light.
What Are the Statutes of Limitations For a Slip & Fall Accident Case In New York?
The statute of limitations for personal injury lawsuits, including slip and fall cases, in the state of New York is typically three years from the date of the incident. This means that a lawsuit must be filed within this time frame.
However, laws can change, so it's always best to consult with a lawyer or legal expert to get the most accurate and current information. Various factors, such as the specifics of the case or the location of the accident (for example, on government property), can potentially affect the statute of limitations.
Additionally, there might be different deadlines if the claim is against a city, county, or state government entity. Always seek legal advice to understand the specific details pertaining to your case.
How Is The Compensation Awarded In A Slip & Fall Accident?
The amount of compensation awarded in slip-and-fall accidents in New York depends on the nature and severity of injuries.
Individuals with long-term health issues or permanent disabilities tend to receive larger payouts.
When representing slip and fall accident victims, our NYC slip and fall accident lawyers seek compensation for:
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Expenses related to medical treatment and rehabilitative care
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Income lost due to inability to work
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Impaired ability to earn income in the future
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Physical, emotional and psychological distress
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Diminished quality of life
Frequently Asked Questions About Slip & Fall Cases in New York
Who is responsible for my injuries after a slip and fall or trip and fall accident?
Under New York State law, property owners and lessees have a legal duty to maintain their property in a reasonably safe condition and may be held legally responsible for injuries which occur on their property. Determining the proper parties to name in a lawsuit is often very challenging. It requires an experienced law firm who will conduct a prompt and thorough investigation.
At the Law Offices of Michael S. Lamonsoff, we have handled tens of thousands of slip and fall and trip and fall cases and have the experience necessary to identify those responsible for your injuries.
What do I need to prove in order to bring a successful lawsuit for my injuries from a slip and fall or trip and fall accident?
The law involving slip and fall or trip and fall accidents in the State of New York is complicated. Very often, the laws favor the property owners and lessees. A lawsuit will not necessarily be successful just because one is injured on someone’s property. The injured party must be able to prove that the property owner or lessee either created the unsafe condition that led to the injury. Or that they knew or should have known of the unsafe condition which directly caused your slip and fall accident. Essentially, if it weren't for the property owner's negligence, you wouldn't have slipped, tripped, or fallen. You must show you have suffered actual harm as a result of the fall, and this harm must be something that can be compensated financially. Examples of such damages include medical bills, lost wages, pain and suffering, and any other related out-of-pocket expenses.
Should I consult with an attorney after I am injured on someone’s property?
Yes, and the sooner the better. When you are injured as a result of an unsafe condition on someone’s property, you need to act fast. The insurance company has an unfair advantage as they are quickly notified of a premises liability accident so that they can investigate and start building their defense immediately.
It is crucial that you level the playing field and contact an attorney immediately in order to allow for a prompt and thorough investigation of your claim on your behalf. You want to ensure that you have every advantage that the insurance company has and that you are able to investigate and preserve all evidence of your accident.
Under New York State law, property owners and lessees have a legal duty to maintain their property in a reasonably safe condition and may be held legally responsible for injuries which occur on their property. Determining the proper parties to name in a lawsuit is often very challenging. It requires an experienced law firm who will conduct a prompt and thorough investigation.
At the Law Offices of Michael S. Lamonsoff, we have handled tens of thousands of slip and fall and trip and fall cases and have the experience necessary to identify those responsible for your injuries.
The law involving slip and fall or trip and fall accidents in the State of New York is complicated. Very often, the laws favor the property owners and lessees. A lawsuit will not necessarily be successful just because one is injured on someone’s property. The injured party must be able to prove that the property owner or lessee either created the unsafe condition that led to the injury. Or that they knew or should have known of the unsafe condition which directly caused your slip and fall accident. Essentially, if it weren't for the property owner's negligence, you wouldn't have slipped, tripped, or fallen. You must show you have suffered actual harm as a result of the fall, and this harm must be something that can be compensated financially. Examples of such damages include medical bills, lost wages, pain and suffering, and any other related out-of-pocket expenses.
Yes, and the sooner the better. When you are injured as a result of an unsafe condition on someone’s property, you need to act fast. The insurance company has an unfair advantage as they are quickly notified of a premises liability accident so that they can investigate and start building their defense immediately.
It is crucial that you level the playing field and contact an attorney immediately in order to allow for a prompt and thorough investigation of your claim on your behalf. You want to ensure that you have every advantage that the insurance company has and that you are able to investigate and preserve all evidence of your accident.
Over $500 Million in Verdicts & Settlements for Our Clients
The Law Offices of Michael S. Lamonsoff employs an unrelenting approach to get our clients the justice they deserve. Our slip and fall accident lawyers will employ vigorous negotiation tactics to produce a successful settlement for your premises liability accident, or we will take your case all the way to trial. In either case, we have won exceptional awards for our clients who were victims of slip and fall or trip and fall accidents.
$12,157,000 to clients who were victims of a train derailment.
$4,750,000 awarded to a construction worker who was injured when a concrete slab fell and struck him, causing multiple injuries.
$4,100,000 settlement in a case involving a construction worker who was injured when he tripped over a loose beam.
$2,800,000 settlement for an ironworker who suffered a slip and fall on a construction site that caused significant lower back injuries.
$3,500,000 awarded to an injured construction worker after he tripped and fell over a plumbing pipe that was covered and obscured by snow at a construction site
$3,100,000 awarded to a union construction worker injured in a fall.
$1,000,000 awarded to a construction worker who fell through a skylight in a warehouse.
After a Slip & Fall Accident in New York: 8 Critical Steps You Should Take
- Immediately seek medical attention if you are injured. It is important that either you or your loved one sees a doctor to make sure any injuries are documented and treated as soon as possible.
- Determine and document what caused you to slip and fall or trip and fall. The best time to make this evaluation is right after the accident occurs.
- Immediately take photographs and video of what caused you to fall.
- Obtain the names and contact information of any witnesses to your fall.
- If possible, report the accident to the property owner, management company or anyone else who can take a report of your accident.
- If you make a report, request a copy of the report before leaving.
- It is in your best interest to refuse to make a statement to someone who calls you from “risk management” or an insurance company.
- Immediately call the Law Offices of Michael S. Lamonsoff. Our experienced team of slip and fall accident lawyers in New York City will walk you through every step of the process and immediately take the necessary steps to protect your rights.
Contact Our NYC Slip and Fall Lawyers Today
Call for a free consultation with an experienced NYC slip or trip and fall lawyer, and let us fight for the justice you deserve.