Do You Need Help After A Slip And Fall Accident In NYC?

If you or someone in your family has fallen on someone else’s property because of a dangerous condition, you may be wondering whether the property owner is responsible for the medical bills and other damages caused by the injury. A slip and fall lawyer at Kaplan Lawyers PC can quickly assess your situation in a free consultation. It’s certainly worth the time and trouble, and it won’t cost you anything. Telephone (516) 399-2364 or contact us online.

Falling Down StairsIf a slip and fall just caused you some embarrassment and a few bruises, you’re one of the lucky ones. It might surprise you to know that slips and falls result in some of the most devastating, and sometimes fatal, injuries. In fact, according to the National Safety Council, falls are the third-leading cause of accidental death nationwide. And each year millions of people suffer non-fatal injuries from falling; many end up in hospital emergency rooms.

When these falls are the result of a property owner’s negligence, it’s not fair for the victims to have to bear the cost. That’s why our slip and fall lawyers critically examine the details of an NYC accidental fall, to determine whether another person or entity is liable under the law and then to pursue payment on behalf of our injured client. Our lawyers have the experience necessary to identify the hazards that led to a slip and fall and to confirm who is responsible for these dangerous property conditions.

Who Can Be Held Liable For A Slip And Fall Accident?

Most of us have experienced a slip, trip or fall at some point. Most of the time we get up, dust ourselves off and go on with our business. But when a fall causes serious, painful injuries, and perhaps results in loss of income due to temporary or permanent disability, it’s time to take a more in-depth look at why the accident happened. Were you hurt because of the negligence of a commercial business? In your workplace? At school, church, or a theatre? On a neighbor’s property, or even in your own rented home? Who can be held liable for such an accident if someone is injured?

If it can be shown that a property was poorly maintained and there were known hazards that were not corrected, the individual, business or government entity that owns the property may be held liable. Here are just a few of the situations seen by our New York slip and fall attorneys:

  • A property owner failed to clear ice and snow from the sidewalk, causing a pedestrian to slip and suffer broken bones.
  • A grocery store employee saw that a spill had occurred but didn’t clean it up or report it.
  • An apartment manager knew that a step was loose and failed to repair it.
  • A business allowed rain water to collect in the lobby, causing a slippery floor.

Proving negligence in a slip and fall case can be difficult. Property owners may say that the injured party caused the accident themselves by not watching where they were going or by being otherwise distracted. An experienced slip and fall attorney from Kaplan Lawyers PC at (516) 399-2364 can help you determine whether the owner of the property where your injury occurred may be liable and, if so, fight for your rights to fair compensation for your medical bills and other damages.

What Expenses Will A Slip And Fall Claim Cover?

When you file a slip and fall premises liability claim, you are demanding payment for the many costs you’re facing. Some of these expenses are clearly financial, but you can (and should) consider the non-financial impact of your injury as well.

The expenses – or damages – you can demand in an injury claim include…

  • Any and all medical expenses related to your slip and fall injury. This includes current and possible future costs for hospitalization, doctor visits, physical therapy, rehabilitation, tests, treatments, medical equipment and medications. It may also include things such as the cost of getting to and from medical appointments and parking fees at healthcare facilities.
  • Lost income because of diminished work capacity or time missed at work. You might have missed work because of your injury, or you might find that your injury prevents you from working at the same level you did before suffering an injury. Both past and future lost income can be considered compensable damages in an injury claim.
  • Physical and emotional pain and suffering. These damages are considered “non-economic,” though they often do have financial implications for sufferers. They include things like loss of enjoyment of life because of chronic pain, emotional anxiety, humiliation, shock and other things. Calculating these damages is not as easy as adding up dollar amounts, and this is one reason a slip and fall victim is wise to consult an experienced personal injury attorney like those at Kaplan Law PC in New York City.

Your Kaplan Law attorney will explain to you the concept of comparative negligence, which is the legal theory applied in New York state. Very briefly, it means that if you are found to be partially at fault for your slip and fall accident, what you can recover in compensation will be reduced by the percentage you’re found to be at fault.

For example, if it’s determined you were 20% at fault because you were looking up at the sky (or down at your smartphone) when you tripped over some tools that were left on the path leading to the building’s front door, your potential award will be reduced by that percentage. If the settlement amount is $10,000, your award would be reduced by $2,000 and you would receive $8,000.

Note, however, that it would be up to the property owner to prove that you contributed to your own accident.

The New York City premises liability attorneys at Kaplan Lawyers PC know how to argue for your rights in slip and fall cases and can help determine what you’re owed. We make sure our clients get the respect, care and compensation they deserve. Contact us today at (516) 399-2364 to schedule your free consultation.

How Can A Lawyer Help After An Accident?

Some people are hesitant to get a lawyer involved in their accident claim. Maybe they think it’s just easier to handle it on their own. Or maybe they think it will cost too much. Actually, neither of those things is true.

When you hire an attorney to represent you after an injury, you can prioritize your health and recovery. You don’t have to file forms, deal with insurance companies, or worry about whether you’re being taken advantage of. A Kaplan Law slip and fall lawyer has handled negotiations in these types of cases many times before and is prepared to fight for the payment you deserve. We will consult expert witnesses, prepare presentations to strengthen your claim and look for every advantage in settlement negotiations and, if needed, trial proceedings.

We also know that working with you is about more than building your case. We treat our clients like they are our family. If you can’t come to one of our offices, we will come to you. We’re always happy to answer any questions you have and will give you frequent updates about the progress of your slip and fall claim.

We offer free consultations so you can get to know us and get a free, no-obligation, initial case assessment.

Contact the New York slip and fall attorneys at Kaplan Lawyers PC by calling (516) 399-2364 or filling out our online contact form to get started with a free consultation.

What Are Some Common Hazards That Can Lead To A Successful Slip And Fall Claim?

Though a slip and fall accident can occur in nearly any setting, there are a few common property conditions that seem to lead to premises liability claims. If you were injured in a slip, trip or fall because of one of these situations, call Kaplan Lawyers PC immediately!

  • Snow and ice on walkways or in parking lots. Business owners and other property owners in New York are well aware that snow and ice can cause people to slip and fall if it isn’t properly removed. The property owner, or the plow company or other contractor the property owner hired to remove the snow and ice, may have been lax in their duties. If such carelessness caused you to slip and fall, you may have a personal injury claim against the property owner, the plow company, or both.
  • Spills and wet floors. Grocery stores, restaurants and other businesses have a duty to clean up unsafe conditions as quickly as possible and to alert customers right away about spills and wet floors by putting up warning signs or safety cones. Even if warning signs or cones are present, you may still have a slip and fall case if you slipped and fell on a wet floor. In some cases, the signs may not have been large enough or displayed clearly. An attorney can review all the facts of your accident to determine whether you may have a case even if “wet floor” warnings were present.
  • Cluttered walkways. Workplace walkways that are cluttered by boxes, filing cabinets, extension cords, tools or other impediments can make walking hazardous. If you trip and fall at work or elsewhere due to a cluttered walkway and are injured, consider consulting with a slip and fall lawyer.
  • Uneven and slippery floors. According to the Consumer Products Safety Commission, floors and flooring materials contribute to more than two million fall injuries annually.
  • Worn and uneven steps. When steps are poorly maintained or step risers are uneven, tripping and falling is likely to occur, which can lead to serious injuries.
  • Poor visibility. Burned out lightbulbs that haven’t been replaced, dim lights or no lights at all can make it hard to see and can lead to accidents. Business owners have an obligation to ensure that parking lots and other areas around their properties are adequately lit. Stairwells that are poorly lit can be especially dangerous.
  • Lack of stair handrails or broken handrails. Building codes stipulate requirements related to handrails on stairs. If a building code calls for handrails on stairs and there are none, or if they are improperly installed or are not the correct height and you fall and are injured, the property owner may be held liable. Poorly maintained handrails that are loose or broken and result in someone’s being injured can also lead to lawsuits.

Whatever the root cause of your injury, you are well within your rights to consider legal action if you believe it is a premises liability claim. Our New York City slip and fall lawyers can help you determine whether or not you have a potential claim. Call us at (516) 399-2364.

Common Hazards That Lead to Slip and Fall Injuries

There are many signs that a property’s conditions lacked the proper oversight by an owner or manager. Though a slip and fall accident can occur in nearly any setting, there are a few common property conditions that seem to lead to premises liability claims.

These hazards include…

  • Snow and ice on walkways or in parking lots. Business owners and other property owners in New York are well aware that snow and ice can cause people to slip and fall if it isn’t properly removed. The property owner, or the plow company or other contractor the property owner hired to remove the snow and ice, may have been lax in their duties. If such carelessness caused you to slip and fall, you may have a personal injury claim against the property owner, the plow company, or both.
  • Spills and wet floors. Grocery stores, restaurants and other businesses have a duty to clean up unsafe conditions as quickly as possible and to alert customers right away about spills and wet floors by putting up warning signs or safety cones. Even if warning signs or cones are present, you may still have a slip and fall case if you slipped and fell on a wet floor. In some cases, the signs may not have been large enough or displayed clearly. An attorney can review all the facts of your accident to determine whether you may have a case even if “wet floor” warnings were present.
  • Cluttered walkways. Workplace walkways that are cluttered by boxes, filing cabinets, extension cords, tools or other impediments can make walking hazardous. If you trip and fall at work or elsewhere due to a cluttered walkway and are injured, consider consulting with a slip and fall lawyer.
  • Uneven and slippery floors. According to the Consumer Products Safety Commission, floors and flooring materials contribute to more than two million fall injuries annually.
  • Worn and uneven steps. When steps are poorly maintained or step risers are uneven, tripping and falling is likely to occur, which can lead to serious injuries.
  • Unanchored rugs. Many people keep throw rugs in their homes. If these rugs are unanchored, they can slide and cause people to slip and fall and sustain injury.
  • Poor visibility. Burned out lightbulbs that haven’t been replaced, dim lights or no lights at all can make it hard to see and can lead to accidents. Business owners have an obligation to check that parking lots and other areas around their properties are adequately lit. Stairwells that are poorly lit can be especially dangerous.
  • Lack of stair handrails or broken handrails. Building codes stipulate requirements related to handrails on stairs. If a building code calls for handrails on stairs and there are none, or if they are improperly installed or are not the correct height and you fall and are injured, the property owner may be held liable. Poorly maintained handrails that are loose or broken and result in someone’s being injured can also lead to lawsuits.

You might recognize some of the conditions above as the cause for your injury, or you might have experienced a slip or fall because of another hazard. Whatever the root cause of your injury, you are well within your rights to consider legal action if you believe it is a premises liability claim. Our New York City slip and fall lawyers can help you determine whether or not you have a potential claim. Call us at (516) 399-2364.

Why The Big Apple Is Ripe For Slips And Falls

Falls can occur anywhere. They are especially common if someone is unfamiliar with their location, which means that the large numbers of visitors to New York might be at a particular risk for a slip and fall. Visitors to our city are constantly walking to popular tourist destinations like museums, including the Metropolitan Museum of Art, Museum of Modern Art, American Museum of Natural History and the Solomon R. Guggenheim Museum. Just like locals, tourists also frequent sports venues, such as Madison Square Garden, Yankee Stadium, Citi Field or the Barclays Center.

It can be disorienting to visit a place for the first time; and if there is a slick floor, uneven surface or obstacle in the way, it’s easy to understand why a person might slip and fall on their trip to New York City. If you are a visitor to New York City who slipped and fell and was injured while simply trying to see the sights and enjoy a vacation, you might now know where to turn for help. The skilled attorneys at Kaplan Lawyers PC can help you understand your rights under New York law. Call us at (516) 399-2364 for a free initial consultation.

Slip and fall risks are present everywhere, from your local grocery store to your office’s parking lot. If you or your loved one suffers an injury from a fall, you deserve compensation if the conditions of the property don’t meet a reasonable safety standard. While there are many common causes of slip and fall accidents, most stem from a fundamental flaw of oversight by a property’s owner or supervisor.

Falling in Transportation Hubs

NYC Vehicle Accident Stats

Injuries Resulting from Falls
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Tourists, locals and regular commuters to New York might encounter dangerous conditions around subways, trains, airports or buses. Travelers might encounter hazardous conditions at notoriously dangerous stops like the 191st Street at the 1 Line, the Hoyt Schermerhorn on the A/C lines or Chamber Street at the J Line. Crowded, busy environments can lend themselves to slick and dirty floors, loose tiles or broken flooring. Think about how many people hustle through Grand Central Terminal and Pennsylvania Station every day. Or consider how many people fly out of LaGuardia Airport or the John F. Kennedy Airport.

Millions of people travel to and from New York City every single day. Is it any surprise that many will suffer a fall because of hazardous conditions somewhere along their journey?

What Are The Most Important Things To Do After A Slip And Fall Accident?

If you are badly injured in a slip and fall accident, you will very likely be taken via ambulance to a hospital emergency room. If your injuries are not as immediately debilitating, you should still visit a doctor as soon as possible after your accident. Why?

  • You may not realize the extent of your injury.
  • A doctor’s report will be important evidence should you decide to bring a legal claim against the property owner.

It can also be to your benefit to write down what you remember about the fall while it is still fresh in your mind. Include a description of the conditions that caused you to slip or trip and fall. It can be helpful to snap photos with your cell phone camera to visually record the conditions. For example, if you slipped and fell due to snow and ice, these conditions can change quickly when the weather changes. It’s important to capture the conditions that were present at the moment of your fall. The same goes for falls caused by puddles on floors, debris in walkways and other things that be quickly cleared up by the property owner who might seek to quickly remove the evidence of dangerous conditions on their property after your fall. If there were witnesses to your accident, ask them to give you a written or recorded statement of what they saw.

The attorneys at Kaplan Lawyers PC in New York are experienced in handling slip and fall claims. Contact us online or by calling (516) 399-2364 for a complimentary consultation.

What Can Be Done If A Loved One Was Killed In A Slip And Fall Accident?

If your loved one died in a slip and fall accident in New York due to the negligence of a property owner, the property owner may be held liable through a wrongful death lawsuit. The personal representative of the deceased can file a claim on behalf of surviving family members.

The compensation that can be sought in a wrongful death claim depends on the specifics of the case, but may include medical bills, lost wages, funeral and burial expenses and other damages. The claim must be filed within two years of the person’s date of death.

Contact a New York wrongful death attorney at Kaplan Lawyers PC for more information.

Slip And Fall Lawyers NYC Answer FAQs

When you’ve been injured in a slip, trip and fall accident, you probably have a lot of questions. Following are some general answers to common questions that many people have when they fall on another’s property and are injured. Remember, however, that each and every case is different and has its own unique circumstances. A New York personal injury attorney who is experienced in handling slip and fall cases can more accurately advise you after learning the specifics surrounding your unique case.

Do I need an attorney to handle my claim?

No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our New York slip and fall lawyers have decade of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.

How long do I have to bring a claim?

The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.

Will I have to go to trial for my slip and fall case?

The answer to that question is that it depends upon the specifics of your case. While the majority of personal injury slip and fall cases are settled before they ever reach the trial phase, sometimes cases do end up going to court. Typically, a case will end up in court if the parties involved can’t reach a settlement agreement.

Do I have to pay any legal fees if I lose my case?

No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.

How much can you get for a slip and fall?

If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.

How long will it take to settle my case?

Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.

How will my medical bills get paid?

Your medical bills will be submitted to the insurance company for the land owner under the Med-Pay provision of their policy. If your bills exceed the Med-Pay coverage or if the owner did not purchase med pay coverage, your medical bills will be paid by your private health insurance. If you do not have health insurance your medical bills will be submitted as an item of special damages as part of your claim against the liable party.

What do we have to prove to win the case?

We must prove that the owner either knew of the condition that caused you to fall, should have known of the condition, or created the condition. Typically, it requires significant discovery through litigation to learn the truth which is why you should contact the trip and fall attorneys at Kaplan Lawyers PC so that we can help you to prove your case.

Does it help if I have pictures of the location where I fell?

Yes. Very often pictures can prove to be the most significant evidence in proving the case so if you have photographs be careful to safeguard them.

Does it make a difference if someone else fell because of the same condition?

Yes. A prior incident can help to prove that the owner knew of the dangerous condition and failed to correct the problem.

Is it OK that I gave a statement at the time of the incident?

Yes. An incident report can serve as proof that the accident happened where you claim and how you claim it happened. However, we do not recommend giving any statements directly to the insurance company,

Top 5 Mistakes Made After A Slip And Fall Accident

  • Failure to file an accident report. Insurers — and even a jury if your case goes to court — may question the validity of your claim if you wait too long to report your accident. File a report with the property owner as soon as possible, and ask for a copy of the report.
  • Failure to obtain pictures of the location of your fall. The conditions that caused your slip, trip or fall may change due to weather, or the property owner may try to cover up some dangerous condition that caused your accident. Having dated, photo evidence of the conditions at the location where you fell are important as evidence. It’s best to have pictures taken from several angles. If you are unable to take photos right away, ask a family member or friend to visit the accident site and take pictures. Kaplan Lawyers PC can also help you with this if you call us right away.
  • Refusal of medical attention. Injuries are not always obvious. Things like internal bleeding, soft tissue damage and organ damage are some hidden injuries you may not even be aware of. After a fall, get medical attention right away to help ensure your health and safety. A doctor’s report will also help document the fact that you did suffer injuries. Be sure you clearly tell the medical provider how the accident occurred and that your injuries were the result of a fall. You want to be sure the doctor’s report reflects the same information included in your legal claim, should you decide to make one.
  • Speaking directly with the insurance company. Insurance company adjusters and lawyers are skilled in finding reasons for rejecting claims or decreasing the amount they offer. They may try to use your own words against you. It can be wise to have a slip and fall attorney who is experienced in dealing with insurance companies speak to the company. Also, if the insurance company asks you to give a tape-recorded interview, understand that it is not a good idea and you are under no obligation to do so.
  • Not hiring an experienced New York slip and fall attorney who will complete all filings to protect your rights and ensure that you will receive the compensation you deserve. The claims process following a slip and fall injury can be complicated. An attorney who is experienced in handling slip and fall negligence cases will review all the details of your case, handle the complicated process of filing with insurance companies, and fight to get you fair compensation for your medical bills and other damages. Having a skilled New York slip and fall attorney handle your case can reduce the stress you are most likely feeling so that you can concentrate on recovery.

Contact A New York Slip And Fall Lawyer

If you have been injured as a result of a fall, a New York slip and fall lawyer at Kaplan Lawyers PC can help ensure that you receive the medical care that you need and the compensation that you are entitled to. The consultation is free, and we do not charge a legal fee unless we win your case. Call us today at (516) 399-2364 or fill out our online form to schedule a case review.