Victims of slip and fall accidents typically have lots of questions. We’ve helped thousands of injured victims in New York City over the years and have gained some insights along the way.
As a result, we’ve compiled a list of some of the most common questions that our slip and fall clients ask us.
In addition to reading through this list of questions, we encourage you to visit our slip and fall resource center for more information.
What Are The Common Causes Of Slip / Trip Accidents In NYC?
In New York City there are certain factors that contribute to slip and fall more frequently than others including:
- Wet flooring in supermarkets, schools, bodegas, bars, apartments and other places which have flooring that is inherently slippery.
- Poor or inadequate lighting in areas where people usually walk such as hallways or stairways.
- Hazardous weather conditions including snow, ice, rain, sleet and leaves.
Although these are a few of the most common causes of slip and fall accidents, there are plenty of other hazardous conditions which can cause people to slip.
What Are The Most Common Types of Accidents?
Knowing the most common types of slip and fall accidents can help you to avoid becoming a victim of an accident.
Some of the most common common locations for slip and fall accidents in New York City include:
- Apartment Complexes
- Sidewalks (snowy, icy, cracked, uneven, etc.)
- Workplaces (offices, restaurants, construction sites, etc.)
- Places of Business (supermarkets, stores, bodegas, etc.)
- Bars / Nightclubs
Can I Sue After Being Injured In A Slip & Fall Accident?
In order to file a lawsuit for a slip, trip, or fall accident, you must prove that a property owner failed to keep their property safe from a hazard which directly caused your injury. The court will take several circumstances into consideration, such as how your accident happened, if you were partially responsible for the accident, and if the property owner knew or reasonably should have known about the dangerous condition which caused your accident.
What Is Premises Liability?
Many victims injured in slip and fall accidents in New York City are able to recover compensation in a premises liability lawsuit to help pay for physical and financial damages incurred as a result of their accident.
Premises liability is the legal responsibility of a landlord or owner of a property to maintain reasonably safe conditions on their property.
When an unsafe condition on a property causes a visitor to slip or trip and suffer an injury, it is possible to hold the property owner legally responsible for certain damages associated with the injury that occurred.
However, winning a premises liability lawsuit is not easy and often requires the help of an experienced lawyer. In order to win a slip and fall case you must be able to prove that:
- You were lawfully visiting the property where your injury occurred
- A dangerous conditions existed on the property which led to your injury
- The responsible party should have known about the condition and fixed it
Who Can Be Held Liable For My Fall?
Slip and fall liability varies depending on who was responsible for maintaining the property where you fell.
In falls outside of private residences, either the property owner or the tenant may be considered liable. If the resident is renting from a landlord, it depends on the circumstances of the lease agreement between these two parties. In most cases, tenants have are responsible for basic upkeep, such as clearing ice and snow after a storm.
For falls outside of businesses, the same principles apply. Business owners who are renting their commercial properties are most often responsible for upkeep, but in some circumstances, the landlord is responsible.
Determining liability can be complicated and usually requires the assistance of an experienced slip and fall accident lawyer.
How Long Do I Have To File A Lawsuit?
For slip and fall lawsuits on private or commercial property in New York, you must file your claim within three years of your injury. This is known as the statute of limitations. If your fall occurred on property owned by the city or state, your window is much shorter, at just 90 days.
Regardless of where your accident occurred, you should not hesitate to take legal action if you believe you may have a case. You have a much better chance of success if you act soon after your injury.
How Much Money Could I Get In A Lawsuit?
Every slip and fall accident case is unique, so it’s not possible to give you a specific number. The specific circumstances of your accident and injury will influence how much compensation you will receive. It depends how your accident happened, how serious your injuries are, the degree of property owner negligence, among other factors.
In a successful lawsuit, you could recover compensation for the following damages:
- Medical expenses
- Past and future lost wages
- Pain and suffering
What If My Accident Happened At Work?
If you were injured on the job, you will most likely be applying for workers’ compensation instead of filing a personal injury lawsuit. Falls are the second-leading cause of workers’ compensation claims. In the vast majority of work injuries, employers are protected from lawsuits by their employees. This is the trade-off they make in exchange for providing every employee with workers’ compensation insurance.
There are rare circumstances in which personal injury lawsuits are possible for work injuries. If you were injured while working as an independent contractor (i.e. on a construction site) or injured by a third party (anyone other than your employer or a co-worker), then you could potentially file a lawsuit for a work-related slip and fall injury. However, in most traditional forms of employment, you will only qualify for workers’ compensation and perhaps Social Security disability benefits, depending on the extent of your injuries.
What Should I Do After Falling?
Slip and fall accidents can result in serious injuries for the victims involved. Understanding what to do after an accident can be very important when it comes to a successful recovery.
1.) Consult A Medical Professional For Your Injury
The first thing that you should do after slipping and suffering an injury is seek medical attention for the injury that you’ve suffered, as well as any other injuries that you may not be aware of.
Many individuals do not seek immediate medical attention because they do not think that their injury is serious. However, for some injuries, symptoms take a long time to develop and can become progressively more severe.. Additionally, injuries that go untreated can become much worse and can even result in permanent injury.
Be sure to collect any medical documents or bills associated with your treatment as they may be useful in a personal injury lawsuit or workers’ compensation claim.
2.) Report Your Injury To Your Employer (If You Were Injured At Work)
If you were injured in a slip and fall accident at work then you may be entitled to workers’ compensation. However, it is important to report your injury to your employer or manager as soon as you can in order to successfully recover workers’ compensation. Many workers struggle to receive the
Many workers struggle to receive the work benefits they deserve, and the majority of initial claims are denied. If you’re struggling to receive workers’ compensation after a slip and fall accident at work, an experienced work injury lawyer may be able to assist you.
3.) Take Photographs
If you’re not too badly hurt, take photographs of the scene of your accident and any injuries you have. Make sure to take good photographs of the specific conditions that caused your accident.
4.) Gather Witness Contact Information
If there were any witnesses to your slip or trip and fall accident, make sure to speak with them and ask for names and contact information. Witness testimony may prove useful if you file a lawsuit.
5.) Make An Accident Report
Many New York City businesses require their staff to file reports when an accident occurs on the property. If you’ve been injured in a slip, trip, and fall accident on a business property, you should ask to speak with a manager so that you can file an accident report.
6.) Contact An Experienced Lawyer
Victims who become injured after slipping or falling can incur serious injuries. These injuries often result in medical expenses and time away from work.
Many slip and fall victims are unsure of what to do after an accident.
Fortunately, there are several potential options for recovering compensation to help pay for medical expenses and lost income.
However, it is important to work with an experienced slip and fall lawyer in order to maximize your chances of recovering compensation.
You can contact our personal injury lawyers at Lipsig, Shapey, Manus & Moverman, P.C. today for a free consultation.
We’ve also created a helpful guide on what to do after slipping and falling on snow or ice in New York City. While the guide discusses steps to take after a slip and fall on snowy / icy sidewalks, these basic steps can be applied to any slip and fall accident.
If you have any other questions relating to slip and fall accidents in New York please feel free to contact us for a free case evaluation. Our main offices are located in Manhattan, but we serve clients in Long Island, Staten Island, Bronx, Brooklyn, Queens and other areas surrounding New York City.
Call (212) 285-3300 today to speak with a helpful slip and fall lawyer.