New Yorkers are always going somewhere in a hurry, so a slip, trip and fall accident is very likely to happen to everyone at some point. Hazards like cracks, uneven slabs, and other damage and defects can make a walk turn dangerous quickly.
As we get older, those minor injuries can become major and can lead to permanent disability. People over 65 are more prone to trips and falls, with one in four having an accident yearly. Nearly 900,000 elderly New Yorkers end up in an emergency room after a fall, with more than 8,000 deaths.
Many times, a slip, trip and fall accident is not due to clumsiness, but an obstacle you may not realize exists. Therefore, it’s very likely due to the negligence of someone who should have made sure that the obstacle wasn’t there. That’s where a New York City personal injury attorney can help.
Causes Of Slip And Fall, And The “Reasonably Safe” Standard
These accidents can be traced back to private or public landowners (or companies) who were negligent in upkeep and maintenance, leaving a hazardous walking area, rendering it unsafe.
But it’s not just sidewalks—it’s any place that pedestrians can walk, such as:
- Parking lots
- Walkways
- Stairs
- Escalators
- Ramps
Are required to comply with a “reasonably safe” standard set out by municipalities, including the Administrative Code of NYC and the Building Code of New York.
The most common reasons for NYC slip, trip and fall accidents include:
- Uneven sidewalks or other surfaces like the ones listed above
- Clutter and debris
- Loose wires and cables
- Substances such as spilled liquid and foods and cleaning supplies
- Local conditions such as inclement weather and inadequate lighting
- Any object that projects out of the concrete, such as rebar
- Pits and holes
- Workplace hazards
- Floor hazards—loose carpeting, unsecured mats, and rugs
- Other conditions in which no signs are posted a warning for the hazard
These and other conditions can leave a fall victim with injuries that can take months or even years to heal.
Liability In Slip, Trip And Fall
Property owners have a responsibility to ensure that any walkway is safe for foot traffic. They have a responsibility and a duty of care to ensure that the premises they own are safe for everyone. Managers and employees may also share in the responsibility for an accident that left you injured.
Any property owner who does not correct hazards or put out warnings for visitors about possible hazardous conditions can be held responsible for the accidents that lead to injuries. This also applies to employees or a private company who is responsible for cleanup work but fail to do so, respond in a timely fashion, or even create a hazard that leads to an accident. The property owner that hired them may also be held responsible.
After an injury on someone else’s property through no fault of your own, you may be able to file a claim for compensation. A personal injury attorney can help you go through the process for filing the claim to hold the other party responsible, as well as negotiate with an insurance company and take the case to court if needed.
Common Place Where Slip And Fall Occurs
While slip and fall accidents can happen anywhere, they are most likely to happen in places such as:
- Sidewalks
- Private homes
- Retail stores
- Worksites (office buildings, etc.)
- Construction sites
- Government-owned facilities
Although most people believe a lawsuit isn’t possible against a government entity, there are some exceptions.
Damages and injuries From Slip, Trip And Fall
Slip, Trip, and fall accidents can leave Someone with debilitating injuries that can take years to heal. Injuries such as:
- Scrapes and bruises
- Sprained and damaged joints, i.e., knee injuries
- Lacerations
- Broken bones, such as hip fractures, limb breakage, and skull fractures
- Soft tissue injuries
- Internal injuries
- Neck and shoulder injuries
- Spinal cord and neck injuries
- Traumatic brain injuries
Can become very expensive after you leave the emergency room. It could also mean not going back to work, or at least, changing careers, and possibly retraining. That’s why you need the help of a slip and fall accident attorney.
The damages, or compensation, you collect will depend on the severity of the injuries sustained as a result of the accident. They can include:
- Medical bills related to your injury
- Future injury-related medical bills
- Pain and suffering
- Physical therapy and rehabilitation expenses
- Household and vehicle modification expenses
- Scarring and disfigurement
- Partial or complete paralysis
- Permanent injury or disability
- Mental anguish and emotional duress
- Lost wages, current and future
- Loss of career or earning capacity
- Punitive damages
- Damages for loss of enjoyment
Sometimes a slip and fall are so severe that the person dies. The survivors can file a wrongful death suit against the defendant for related expenses such as:
- Funeral, burial, and other final expenses
- Medical bills from the time of the accident up until the time of death
- Pain and suffering of the deceased before death
- Loss of income/future income
- Loss of future benefits, such as health insurance and retirement benefits
- Loss of consortium–love, affection, companionship, guidance
- Loss of household duties performed by the deceased, i.e., care of children, property and vehicle maintenance, household tasks, etc.)
New York’s statute of limitations for filing a wrongful death lawsuit just two years from the date of death. That’s why it’s important to contact a New York slip, trip, and fall attorney as soon as possible. Otherwise, you could miss the deadline, and lose out on thousands in compensation.
New York City Slip & Fall Accident Attorney
Slip, Trip, and fall accidents can leave devastating and costly injuries that can change everything in your life. Working with an attorney who understands trip and fall accidents can set your mind at ease while you recover from your injuries.
BigLawsuit is ready to help you navigate the legal process and get you the compensation you need. We can negotiate with the insurance companies and make sure you aren’t being cheated. Call us at (888) 998-7165 or tell us about your case using our online contact form. We will review your case at no charge and let you know about your legal options with no obligation.