Slip And Fall Lawyers NYC
The National Safety Council (NSC) reports that every year, almost 9 million people are treated in emergency rooms for fall-related injuries. Falls are the second leading cause of death by an unintentional accident and the third leading cause of injuries.
Of the 9 million treated for falls in general, 1 million are treated for slip, trip, and fall accidents. The most common reason for a personal injury and premises liability claim is that a person slipped and fell due to a dangerous condition on the property that was due to the negligence of the property owner or manager.
If you suffered a slip and fall accident and were injured, you may need the services of an experienced New York slip and fall lawyers at the Jacob Fuchsberg Law Firm.
How Do Slip, Trips & Falls Happen
Slip, trip, and fall accidents can occur anywhere, at home, at work, while shopping, or while visiting a friend, for just a few examples. Some of the most common slip and fall accidents are caused by:
- Sidewalks that have not been cleared of debris.
- Uneven, broken, cracked, and poorly maintained sidewalks.
- Uneven tiles.
- Liquids spilled on a floor and not cleaned up promptly.
- Slipping on accumulated snow that was not shoveled off the walkway in a timely fashion.
- Falling down steps. Sometimes, due to the lack of a handrail or handrail that is broken or loose.
- Inadequate lighting.
- Electrical cords or other obstacles lying across a hallway, store aisle, or any other pathway.
- Loose carpeting.
These conditions may be found in many places including:
- Parking lots.
- Grocery stores.
- Drug stores.
- Big box stores.
- Any retail store.
- Apartment buildings.
- Movie theaters.
- Private homes.
The list is actually endless. Wherever you go, there is a chance there will be something that may cause you to may slip and fall or trip and fall. A New York slip and fall lawyer at the Jacob Fuchsberg Law Firm will provide you with a free consultation to review your case to determine the party or parties responsible for keeping the property free from dangerous conditions.
Elements Of A Successful Slip & Fall Claim In New York City
A slip, trip, and fall accident falls under the law applicable to premises liability which is based on the principles of negligence. This means that in order to prove your claim for damages, you must prove the following elements:
- The owner or manager of the premises either knew or should have known about the dangerous condition.
- The owner or manager failed to timely correct the dangerous condition or to warn you about it.
- The failure of the owner or manager to correct the dangerous condition or to warn you about it was the cause of your fall.
- You suffered damages when you fell due to the dangerous condition the owner or manager either failed to correct or to warn you about it.
Not every slip and fall accident will be cause for a lawsuit. For example, if there is a spill on the floor of a store with a sign around it that says something like, “Caution. Wet Floor,” and you walk past the sign and through a puddle on the floor, then slip and fall, the store will most likely not be liable for your damages since it warned you about the dangerous condition and you chose to ignore the warning.
Who Can Be Responsible For A Trip And Fall Accident In New York
Property owners and managers of property have a duty to keep their property free from dangerous conditions. If they know, or should know, about a dangerous condition and cannot immediately repair or fix it, they have a duty to warn others of its existence in order to prevent a slip and fall accident.
Owners and managers include retail shop owners, apartment managers, public institutions such as municipalities, and homeowners. When these people, companies, or institutions are negligent and do not repair the condition or warn about it, they may be held liable for injuries a person suffers due to the negligence of the owner or manager.
Critical Steps to Take After a Slip, Trip, and Fall Accident
No matter where you were when you fell, and even if you think you were not hurt, there are some critical steps you need to take. It may turn out that you were hurt, and taking these steps will help you prove your claim for damages.
Get medical treatment. Even if you think you were not hurt, or not hurt badly enough for medical treatment, you should get checked out. Some injuries do not present symptoms right away.
Report the accident. As soon as possible, alert the homeowner, shopkeeper, business owner, or property manager, or whoever you can determine is responsible for the property, that you were injured. A business or landlord will make a written report about the accident. Be sure and ask for a copy of the report.
Get witness contact information. If there are any witnesses to your fall, ask them if they will give a statement and get their contact information. Their statements may help your claim for damages.
Take Photos. This may be difficult to do, but if you can, it can help your case. Take the photos as soon as possible after your accident. If you wait, the person responsible for the property may fix the dangerous condition. For example, if you slipped and fell in a puddle of liquid for which there was no warning if you do not take an immediate photo, the puddle will dry up and you will lose your opportunity to have photographic evidence of the dangerous condition.
Preserve the shoes and clothing you were wearing at the time. When you file your claim for damages, the owner or manager may claim you fell because of the slippery soles of your shoes, or some other reason attributable to what you were wearing at the time of the accident. If you preserve these items, they will be evidence to show the accident was not caused by your shoes or clothing.
Avoid posting comments about your accident on social media. No matter what your privacy settings are, anything you post on social media can be discovered. What you say there can be construed against you. Even a simple photo of you smiling may be used by the defense who will try and say you look like you really were not hurt as badly as you claim.
When To Hire Slip And Fall Lawyers In NYC
Reputable slip, trip, and fall lawyers in New York will review the facts of your case and determine if you have legal grounds to file a claim for damages against a negligent property owner, manager, or public institution. At the Jacob Fuchsberg Law Firm, we offer a free consultation. Plus, there are no fees unless we win your case.
The law requires you to bring your claim within a certain period of time following your accident. If you do not bring your action for damages within this time frame, you will lose your right forever to be compensated for your injury no matter how serious or life-changing the injury was. Do not hesitate. Contact us by calling 212-869-3500 as soon as possible.
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