Experienced Slip and Fall Attorneys in New City
At Fellows Hymowitz Rice, we understand the difficulty you’re facing. We've been fighting for the rights of injured individuals in Rockland County for years, and we know how to get results. We'll work tirelessly to build a strong case for you, hold the responsible parties accountable, and secure the compensation you deserve for your injuries and losses.
Slip and Fall Injury Statistics in New York
Slips and falls are a serious threat in New City and New York State, impacting people of all ages and contributing significantly to workplace injuries. According to the New York State Department of Health, falls are the leading cause of injury hospitalizations in New York for children and adults over 25 and the leading cause of unintentional injury deaths for those over 45.
In New York City, the statistics are equally concerning. While violence and other injuries by persons or animals accounted for the most workplace fatalities in 2022, falls, slips, and trips were a close second, claiming 21 lives, as stated by the U.S. Bureau of Labor Statistics.
These statistics underscore the importance of taking precautions to prevent falls and the need for legal recourse when negligence leads to these preventable injuries.
Slip and Fall vs. Trip and Fall: Understanding Accident Types
"Slip and fall" and "trip and fall" are often used interchangeably, but they describe different types of accidents, although both involve a loss of balance and a fall.
A slip and fall occurs when a person's foot loses traction on a slippery surface, such as a wet floor, spilled liquid, or ice patch. Conversely, a trip and fall happens when a person's foot catches on an object or uneven surface, like loose floorboards, broken pavement, or clutter.
While the causes differ, both types of falls are caused by unsafe conditions and can result in serious injuries, including fractures, sprains, head injuries, and soft tissue damage. Importantly, both can be grounds for legal action if the fall was caused by negligence on the part of a property owner or responsible party.
In practice, both types of accidents often fall under the same legal category and are handled by the same type of lawyers. The focus is on proving that the property owner or responsible party was negligent in creating or maintaining the unsafe condition that caused the fall.
Common Causes of Slip and Fall Accidents in New City
Slip and fall accidents, along with their close cousin, trip and fall accidents, are sadly common occurrences in New City and New York State. These incidents often result from preventable hazards, making it crucial to understand the common causes and where they are most likely to occur. Slip and fall accidents are often caused by:
- Wet Floors: Rain, snow, leaks, spills, or even condensation can make floors slippery.
- Spilled Liquids: This includes water, beverages, oil, grease, and other substances.
- Ice and Snow: Winter conditions like those in New City and other parts of the state are a prime cause of slips, especially on sidewalks, steps, and parking lots.
- Loose Rugs: Rugs that are not properly secured can shift, creating a slipping hazard.
- Polished Floors: Highly polished surfaces, often found in businesses and public spaces, can be very slippery, especially when worn.
Trips and falls can be caused by:
- Uneven Surfaces: Cracked sidewalks, uneven pavement, loose floorboards, or raised edges can cause trips.
- Obstacles: Clutter, boxes, wires, debris, or furniture left in walkways can be tripping hazards.
- Poor Lighting: Insufficient lighting can make it difficult to see hazards, leading to trips and falls.
At Fellows Hymowitz Rice, we have a deep understanding of the nuances of both slip and fall and trip and fall cases in New City, and we are committed to helping those who have been injured in these accidents obtain the compensation they deserve.
Common Places Where Fall-Related Accidents Occur
These accidents can happen in a variety of locations, but some are more common than others:
- Sidewalks and Streets: These are particularly hazardous in winter or during periods of heavy rain.
- Retail Stores: Spills, loose floor mats, and cluttered aisles are common issues.
- Restaurants: Wet floors, greasy surfaces, and uneven walkways pose risks.
- Construction Sites: Uneven terrain, loose materials, and poor lighting contribute to hazards.
- Stairwells: Slippery steps, uneven landings, and broken handrails are common dangers.
- Public Transportation: Slippery floors, crowded platforms, and uneven surfaces on buses or trains can lead to falls.
Each of these locations should be maintained by a property owner or manager. When they fail to remedy hazardous conditions, they can be held responsible for resulting injuries.
What to Do After a Slip and Fall in New City
A slip and fall can be a scary and confusing experience. Here's what you should do after a fall in New City to protect yourself and your rights:
Exploring Your Legal Options After a Slip and Fall
If you've suffered a slip and fall in New City, you're wondering if you have grounds to sue and what legal options are available to you. The answer is: It depends on the circumstances surrounding your fall and who is responsible for the hazardous condition that caused it.
Let's break down the different legal options available to you in New York State:
Slip and Fall Injury Cases We Handle
Slip and fall accidents can lead to a wide range of injuries. Here are some of the most common types of injuries we handle:
- Fractures: Falls can cause breaks in bones, particularly in the wrists, ankles, hips, and spine.
- Sprains and Strains: Ligaments and tendons can be stretched or torn during a fall, resulting in sprains and strains in the ankles, knees, wrists, and shoulders.
- Head Injuries: Falls can cause concussions, traumatic brain injuries, and skull fractures.
- Soft Tissue Injuries: Muscles, tendons, and ligaments can be bruised or injured in a fall, leading to pain, swelling, and limited mobility.
- Back and Neck Injuries: Falls can cause injuries to the spine, leading to herniated discs, spinal stenosis, and nerve damage.
- Cuts and Abrasions: Falls can cause lacerations, cuts, and abrasions, especially when occurring on rough surfaces.
At Fellows Hymowitz Rice, we have extensive experience representing clients who have suffered a variety of injuries due to slip and fall accidents in New City and other parts of New York State.
Who Can Be Held Responsible After a Slip and Fall Accident in New City?
Determining who is liable for your injuries after a slip and fall accident in New City can be confusing. New York law holds various parties responsible for maintaining safe conditions on their properties, and knowing who to hold accountable is crucial for recovering compensation. Here's a breakdown of who can be held responsible:
When Can I Sue for a Slip and Fall in New City? Understanding Time Limits Under the Statute of Limitations
In New York State, you generally have three years from the date of the accident to file a personal injury lawsuit. This time restriction is known as the statute of limitations. Failing to file within this time limit could result in the loss of your legal rights to pursue compensation.
What Do I Need for My Lawsuit After My Slip and Fall in New City, NY?
While every case is unique, here are some key elements that are often essential for a successful slip and fall lawsuit in New City:
Factors That Influence a Slip and Fall Lawsuit Outcome
Here are some factors that can contribute to blame in a slip and fall case, potentially weakening the victim's case:
- Failure to Exercise Reasonable Care: If the victim was walking carelessly or ignoring warning signs, it can be argued that they contributed to the fall.
- Pre-Existing Conditions: If the victim had a condition that made them susceptible to falls, this could be used to argue that the fall was not entirely due to negligence.
- Intoxication or Drug Use: If the victim was under the influence of alcohol or drugs at the time of the fall, this could be used to reduce their claim.
- Failure to Report the Hazard: If the victim noticed a dangerous condition but did not report it, it could be argued that they had an opportunity to avoid the fall.
- Delay in Seeking Medical Attention: If the victim delayed seeking medical attention, it could be used to argue that their injuries were not as severe as claimed.
New York follows a comparative negligence rule. This means that if you are found partially at fault for the accident, your compensation could be reduced by a percentage of your share of the blame.
The Weather's Impact on Slip and Fall Case Results
Weather plays a crucial role in slip and fall accidents, both in contributing to the cause of the fall and influencing blame. Inclement weather can create slippery surfaces, and sudden temperature drops can lead to ice formation. Seasonal hazards like falling leaves, snow, and debris can create tripping hazards.
Property owners are legally obligated to maintain safe conditions for visitors, even during inclement weather. However, weather conditions can also influence a victim's responsibility if they do not exercise reasonable care, for example, by walking quickly on a sidewalk covered in ice.
Factors That Can Weaken Your Slip and Fall Case
Unfortunately, a fall caused entirely by negligence can still be seen as weak in the eyes of insurance companies and judges.
- Lack of Evidence: Without evidence of the dangerous condition, witness testimony, or documentation of the accident, it can be challenging to prove negligence.
- Insufficient Documentation: Failing to document the accident, including taking photographs of the hazard and recording witness information, can weaken the case.
- Inconsistent Statements: Providing contradictory or conflicting accounts of the incident can damage credibility and undermine the case.
- Failure to Preserve Evidence: If the hazard is removed or altered after the fall, it becomes more difficult to prove negligence.
- Delay in Filing a Claim: Missing legal deadlines for filing claims can result in the loss of legal rights.
Key Takeaway: A strong slip and fall case relies on establishing negligence on the part of the property owner or responsible party. It's important to act promptly and carefully to preserve evidence, document the accident, and seek legal advice from a qualified attorney to maximize the chances of a successful claim.
How Much Compensation Can I Get for a Slip and Fall Accident in New City?
Every case is unique, and the actual payout amount can range from thousands of dollars to hundreds of thousands and more. An experienced lawyer can assess the factors in your case and give you an estimate of the value of your claim or lawsuit.
What Does My Slip and Fall Payout Amount Depend On?
Several factors significantly influence the potential compensation you might receive. Here's a breakdown of the key factors:
- Severity of Injuries: The more severe your injuries, the higher your potential compensation can be.
- Negligence: The extent of the property owner's or responsible party's negligence will also impact the amount of compensation.
- Comparative Negligence: New York's comparative negligence law means that your compensation could be reduced if you are found partially at fault for the accident.
- Insurance Coverage: The amount of insurance coverage available to the responsible party will also play a role.
In the end, the outcome of negotiations with the insurance company or a potential lawsuit can significantly affect the final compensation value. Choosing a lawyer with considerable skill at the negotiating table as well as in the courtroom can prove indispensable.
How Fellows Hymowitz Rice Will Approach Your Slip and Fall Case
At Fellows Hymowitz Rice, we understand the frustration and hardship you face after a slip and fall accident. We're dedicated to fighting tirelessly for your rights and securing the compensation you deserve. Here's how our team of experienced slip and fall attorneys will work to win your case:
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