Slip and fall is a term used for a personal injury case in which a person slips or trips and falls, and is injured on someone else’s property. Slip and fall accidents fall under the category of premises liability and these types of cases are often very complicated when trying to determine fault and to determine whether conditions were indeed hazardous. The Brooklyn slip and fall attorneys at the Law Offices of Jay S. Knispel have extensive successful experience handling all types of slip and fall accident cases.
Slip and Fall Law
The law requires that property owners use reasonable care in the management of their premises and avoid exposing others to an unreasonable risk of harm, such as a slip and fall or a trip and fall. Therefore, property owners may have a duty to reasonably inspect for any unsafe conditions on their premises and either to repair or give adequate warning of conditions that pose a risk of harm to others.
There is no precise way to determine when someone else is legally responsible for your injuries if you were involved in a slip and fall or trip and fall accident. If you or a loved one has been involved in a slip and fall accident it is important to file an accident report. A slip and fall accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the slip and fall, along with any other relevant information such as lighting. If a report is not completed at the business location or if the accident occurred at a private location or was not observed by others, a slip and fall attorney will ask you to compile a record of what happened to you. Contact an experienced Brooklyn slip and fall attorney today at the Law Offices of Jay S. Knispel, LLC to help you with your case or if you have any questions about your legal rights following a slip and fall accident.
Falling Object, Premises Liability, and Negligence
When a person is injured on property belonging to some other person or entity, there is the possibility that the injury was due to negligence by the property owner. Examples of negligence that may cause falling object injury are:
- Objects stacked too high
- Objects stacked without being properly secured on upper shelves
- Pathways between shelving are too narrow to pass through safely
- Improper equipment used to remove items from higher shelves
It is, of course, your responsibility to be aware of your situation and move cautiously throughout the store, but even following all precautions, poorly stacked items can fall from the upper shelves and cause serious injury.
City Sidewalk Problems
Some of the most common problems that arise on city sidewalks are:
- Uneven sidewalk
- Snow and ice
- Raised flagstones
- Raised sidewalk grating
- Holes, depressions, and cracks
- Sidewalk vaults and defective access panels
Sidewalk Accident Compensation
Our attorneys specialize in personal injury cases in New York City, the Bronx and Brooklyn. We have the knowledge and experience to recover the maximum damages allowed by law. Due to improperly maintained sidewalks, injuries such as broken bones, fractured bones, multiple fractures, hip fractures, brain injury, hand and wrist injuries, and other serious injuries could occur. Based upon your case and severity of injuries, we are likely to recover funds for:
- Medical bills
- Additional medical expenses
- Lost wages
- Pain and suffering
Common Causes of Slippery Floor Accidents
As New York City and the surrounding areas of the Bronx, Brooklyn, Queens, Staten Island are places where many people are moving around on foot, it is always in your best interest to be aware of your surroundings, and do what you can to keep yourself safe. Unfortunately, as careful as you may be, there are instances when you could suffer an injury from slip and falling due to negligence of a property owner, manager or someone else. Some of the most common places where these types of slippery floor accidents occur are:
- Spill in the supermarket, restaurant, office building or department store that has not adequately been cleaned, or marked for public safety and awareness.
- Not completely drying a marble, tile, terrazzo or other floor surface, leaving a thin layer of moisture can be undetectable, and extremely slippery.
- Failure to maintain floor mats in addition to mopping after a rain or snow storm, or leaving entrance areas with no mats.
- Failing to warn visitors to avoid a certain dangerous area or to use caution when areas are known to be slippery or dangerous.
Compensation for Slipper Floor Accident Injuries
Slipping on a hard floor, such as marble, or tile, can cause very serious injuries, including head injury, bone fractures, lacerations, and other serious injuries. Depending on your injuries from your fall, our attorneys will work hard to recover compensation for:
- Medical bills
- Additional medical care
- Rehabilitation therapy
- Pain and suffering
- Lost wages
Falling Objects Accident Compensation
Falling objects can cause serious injuries to the head, brain, and neck, broken or fractured bones, depending on where the object hit and how heavy it was. Based on your injuries and other factors, out attorneys may be able to collect damages for:
- Lost wages
- Medical bills
- Other medical care
- Pain and suffering
Serious injuries require serious compensation. Our Brooklyn falling objects accident attorneys will investigate the incident thoroughly and work hard to recover the maximum compensation permitted by law.
Causes of Staircase Fall Accidents
Staircases kept in perfect working order are already more dangerous than walking on level ground. Maintaining a safe staircase should be of the utmost importance to property owners and managers of buildings with stairwells. Some of the most common causes of serious injury on a staircase are:
- Poor lighting
- Slippery steps
- Debris on the steps
- Broken handrail
- Handrail not tightly secured
- No handrail
It is your responsibility to always use caution when walking up or down a staircase. Not every injury on a staircase is due to negligence. Be careful and aware of your surroundings.
Where People Ages 65+ In New York Slip and Fall
In the state of New York slip and fall accidents account for $1.7 billion in annual hospitalization charges and $145.3 million in annual outpatient emergency department charges. Aging increases the risk of falling and the severity of a fall injury. 60% of fall-related hospitalizations in older adults occur in the home. 36% of fall-related ED visits in older adults occur in the home. The two pie charts below are categorized by hospitalizations and emergency department visits.
A hospitalization is when the slip and fall victim is required to be taken to the emergency room or hospital in order to have the medical attention required for their injury.
An emergency department visit is when an ambulance and or hospital personnel have to come to the victim’s place of residence to give the victim the proper medical attention they need for their slip and fall injury.
Causes of Slip and Fall Accidents
Slip and fall accidents often leave people not only injured, but damaged in several ways. You may have bodily injuries and resulting pain and suffering as well as lost wages, loss of ability to earn money in the future, disability, expenses for hospital, immediate and future medical treatments. You deserve to be compensated for these losses. If you have been injured due to the carelessness or negligence on someone else’s property, whether in a private home, a store or anywhere else, call the Brooklyn personal injury attorneys at the Law Offices of Jay S. Knispel, LLC immediately so we can begin protecting your rights.
Common causes of slip and fall accidents include:
- Slippery or uneven sidewalks or pavement
- Steep sloping driveways
- Slippery floor surfaces or floor coverings
- Oil, grease, water, liquids, or food on the floor
- Uneven stairs or inadequate stair rails
- Bridge construction hazards, including falling debris
- Unsafe balconies or railings
- Poor lighting
NYC Trip and Fall FAQs
Trip and fall accidents are one of the most common types of accidents in the US. Trip and fall accidents can occur anywhere and anytime and can result in serious personal injury. Here is a short list of the most frequently asked questions about trip and fall accidents.
Q: I tripped and fell over my neighbor’s uneven sidewalk. My back was injured during the fall and I am unable to return to work. I informed my neighbor of the accident, but she believes that I am at fault because I was inattentive and not looking where I was going.
Who is at fault?
A: It is the property owner’s responsibility to maintain their property so that it is safe for visitors. However, it is the responsibility of the injured person to provide proof that they were acting cautiously at the time of the accident. If the property owner can provide proof that you were being careless at the time of the accident, you may have difficulty filing a claim.
For a full evaluation of your trip and fall case you need to contact an experienced NYC trip and fall injury lawyer that will evaluate your injuries and the property owner’s responsibilities.
Q: What should I do if I suffer a trip and fall injury while on someone else’s property in New York City?
A: If you are injured on another person’s property there are a few things you need to do in order to file a claim:
- Take note of the conditions of the property where the incident occurred
- Take photos or video the scene of your accident with your smartphone or if you have a camera on hand
- If there are witnesses present, ask for their contact information to obtain statements at a later date
If you were injured in a business you need to file an accident report and be sure to obtain a copy signed by the supervisor on duty. Keep records of any medical treatments you undergo and all medical expenses that you incur due to a trip and fall injury. The first step, before all others is to contact a knowledgeable personal injury attorney who will provide legal advice on how to file for compensation for injury and loss of income.
Q: As a NYC homeowner, what are my responsibilities for the maintenance of my property so that I am not liable for any trip and fall accident?
A: As a property owner it is your responsibility to make sure that all visitors to your property are free from hazard. If there are unsafe or hazardous conditions on your property, you need to post appropriate warning signs and fix the unsafe or hazardous conditions as soon as possible. Undergoing regular property maintenance is the best way to insure that your visitors are safe and you are not liable for any accidents that occur on your property. For more information on your responsibilities and the possibility of liability in a trip and fall accident, you need to contact a personal injury attorney.
Free Legal Consultation with Slip and Fall Lawyer in Brooklyn
If you or someone you know has been injured and requires an experienced slip and fall injury lawyer in New York, contact the Law Offices of Jay S. Knispel, LLC today for a free legal consultation. There is no fee to you unless we win your case. With offices in Manhattan and Brooklyn, we serve clients throughout the New York City area, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Westchester, Nassau and Suffolk.