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.
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" 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.
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:
Trips and falls can be caused by:
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.
These accidents can happen in a variety of locations, but some are more common than others:
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.
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:
Even if you feel okay, it's essential to see a doctor to assess for any potential injuries. Don't downplay your injuries. Document everything, even seemingly minor pains, as they could worsen later.
If possible, take pictures or videos of the area where you fell. Capture the hazard that caused the fall (e.g., spilled liquid, ice, uneven pavement) and any warning signs or lack thereof. If you can, note the lighting conditions, weather, and any other relevant details.
If anyone saw the fall, get their names and contact information. Their testimony could be valuable in your case.
Inform the property owner or manager about the fall and the hazardous condition. Get a written report or confirmation of the incident.
Maintain a journal of your injuries, treatment, and any related expenses. Include details about your pain, limitations, and any emotional distress you experience.
Contact an experienced slip and fall or negligence attorney as soon as possible. They can help you understand your rights and navigate the legal process.
Be wary of signing any documents from insurance companies or property owners without first consulting with an attorney.
Acting quickly and strategically can significantly improve your chances of obtaining the compensation you deserve after a slip and fall accident in New City.
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:
If your slip and fall happened while you were at work, you may be eligible for workers' compensation benefits. Workers' compensation is a system specifically designed to provide relatively straightforward and guaranteed benefits for work-related injuries. You are typically entitled to medical treatment and lost wages without having to prove negligence.
However, workers' compensation has limitations. The amount of compensation for pain and suffering is often capped, and you may have limited control over your medical treatment choices.
When you file a claim with the at-fault party’s insurance or bring a lawsuit against them, you can potentially recover a wider range of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and potential future expenses.
Even if you are eligible for workers' compensation, if you believe a third party's negligence contributed to your injury, you may still have the right to pursue a claim or file a lawsuit. This means that even if you are receiving benefits from workers' comp, you may still be able to seek additional compensation from a responsible party outside of your employer.
You can file a claim with your own insurance company (if you have personal injury coverage) or the property owner's insurance company (if they have liability coverage). This is generally a faster process, but compensation limits may apply, and you may have to pay a deductible.
Alternatively, you can file a lawsuit against the responsible party to seek compensation through the court system. Though it is a more time-consuming process, it allows for potentially higher compensation.
Lawsuits can allow for significantly higher compensation than workers' compensation or insurance claims, including damages for pain and suffering, emotional distress, and potential future expenses.
You also have more control over your medical treatment and legal representation and can hold the responsible party accountable for their negligence. A successful lawsuit can help prevent similar accidents from happening in the future.
Filing a lawsuit and following it through to its conclusion can be a more complex and time-consuming process than workers' compensation or insurance claims.
It's essential to consult with an experienced slip and fall attorney to understand your options and determine the best course of action based on your specific circumstances.
Slip and fall accidents can lead to a wide range of injuries. Here are some of the most common types of injuries we handle:
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.
We recognize that slip and fall accidents can impact more than just your physical health. The emotional and financial consequences can be just as devastating. That's why we go beyond simply seeking compensation for your physical injuries. We will work tirelessly to help you recover damages for lost wages and emotional distress.
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:
Property owners have a legal duty to maintain their property in a safe condition for visitors. This means taking reasonable steps to prevent hazardous conditions that could cause falls.
A property owner could be held responsible for a slip and fall due to a wet floor that wasn't properly marked or cleaned, uneven pavement or steps, loose floorboards or other tripping hazards, poor lighting, failure to clear snow or ice promptly, or obstructions in walkways.
Businesses are responsible for the safety of their customers and employees on their property. A business could be held responsible for a slip and fall due to spilled liquids or food in aisles, loose rugs or mats, overcrowding or cluttered walkways, or insufficient lighting.
If a contractor is responsible for construction, maintenance, or repair work on a property, they can be held liable for slip and fall accidents that occur due to their negligence. This could include leaving construction materials or debris in walkways, failing to properly secure scaffolding or other equipment, or not providing adequate safety signage.
New City and other municipalities are responsible for maintaining public sidewalks, streets, and parks. A municipality could be held responsible for a slip and fall due to broken or uneven sidewalks, unsecured manhole covers, or unmaintained streetlights.
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.
While every case is unique, here are some key elements that are often essential for a successful slip and fall lawsuit in New City:
To prove negligence, you need to establish that the property owner or responsible party had a legal duty to keep their property safe for visitors and that they failed to meet that duty, causing your injuries.
To establish negligence, you'll need to gather evidence to support your claims. This evidence can include:
Your lawyer will assist with this task, leveraging their experience to seek the evidence that will best support your claim.
Here are some factors that can contribute to blame in a slip and fall case, potentially weakening the victim's case:
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.
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.
Unfortunately, a fall caused entirely by negligence can still be seen as weak in the eyes of insurance companies and judges.
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.
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.
Several factors significantly influence the potential compensation you might receive. Here's a breakdown of the key factors:
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.
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:
We'll conduct a comprehensive investigation to gather all the necessary evidence, including photographs and videos of the accident scene, witness statements, medical records, maintenance records and reports, and weather records.
Our New City attorneys have a proven track record of successfully negotiating with insurance companies to secure fair settlements for our clients. We'll fight to ensure that you receive the maximum compensation for your injuries and losses, including medical expenses, lost wages, pain and suffering, emotional distress, and future expenses.
If negotiations fail, we're prepared to take your case to court. Our attorneys have extensive experience litigating slip and fall cases and are skilled at presenting compelling arguments and evidence. We'll hold the responsible parties accountable for their negligence and seek justice on your behalf.
We understand that a slip and fall accident can be a stressful and overwhelming experience. We'll provide you with personalized attention, clear communication, and support throughout the entire process. Our goal is to help you recover from your injuries and secure the compensation you deserve.
When you choose New City slip and fall attorneys at Fellows Hymowitz Rice, you're not just choosing legal representation — you're choosing a team dedicated to fighting for what's right.
Injured in a slip/trip and fall in New City? Contact us today for a free consultation, and let's discuss your options!
We serve clients across New York, from the bustling streets of New York City to the peaceful communities of Rockland County and beyond. We're here to help you wherever you are.
We're here to fight for you, not the insurance companies, and we’ll work to make sure you get the care and compensation you need. Contact us now for a free consultation!