Slip and fall incidents are common for people who get hurt while walking. There are many ways and places in which this could happen.
You may not have considered getting compensation for a random slip and fall. This could occur when you are Walking from your car to a nearby store, in a supermarket aisle, or to the restrooms in your favorite restaurant.
A slip-and-fall injury lawyer from Ward Law Group can help you. They can determine many variables and build a strong case for you. This will help you get the fair compensation you deserve.
You may think a fall accident didn't hurt you. However, consequences can come years after it happened. In such cases, it may be too late to claim it.
We will explain the laws in New York regarding liability for injuries caused by slips and falls, and the different kinds of injuries people may suffer. Ward Law Group can help you.
Causes of Slip and Fall Injuries
When we consider someone slipping and falling, the first question that comes to mind is: What caused it? Well, there may be some answers to that, but we need to know where it happened. Was it a public or private place?
Did the person wear proper footwear? How was the weather? Was the person distracted, or could they see the potential hazard?
Every year, New York residents feel the negative effects of this issue. There are many potential causes of its high prevalence. Here is a list of the most common instances:
- Wet or waxed floors
- Uneven surfaces
- Unsafe ladders
- Poor lighting
- Random objects in the way
- Ripped carpets
- Lack of signage
- Environmental conditions
Of course, some human factors increase the risks of slips and falls, such as running or jumping into inappropriate places, distracted walking (such as using a mobile phone), or simply not paying attention to one's surroundings.
Age can also be a factor. Elderly people are likelier to slip and fall because of reduced balance, mobility issues, or medical problems that affect coordination.
Types of Injuries Caused by Slip and Fall Accidents
Some people may only suffer minor injuries such as scraped knees or bruises. However, others have less luck and can sustain serious injuries from a slip-and-fall accident.
Depending on the conditions of the incident, people may get different types of slip and fall injuries. Among the most severe injuries people get there are:
Broken Bones
Individuals often instinctively extend their arms forward to brace themselves when attempting to break the fall. This can lead to fractures or sprains in the arms, wrists, or hands.
Falling on the side or landing on the hip area can cause hip bone or pelvis fractures. Landing awkwardly or twisting the leg during the fall can contribute to these injuries. Falling on an outstretched arm can also cause shoulder joint or collarbone injuries, resulting in fractures or dislocations.
Falling onto a hard surface or objects can cause fractures or bruising in the ribs or chest area.
TBI (Traumatic Brain Injury)
In more severe cases, slip-and-fall accidents can lead to head injuries. They may hit a hard surface or object in the way and get a serious injury. The effects of TBI can vary significantly. They may include physical, cognitive, emotional, and behavioral changes.
Physical Symptoms include headaches, dizziness, fatigue, and problems with balance and coordination.
Cognitive symptoms may involve difficulties with memory, attention, concentration, and problem-solving
Emotional and behavioral changes can manifest as irritability, mood swings, depression, anxiety, and social difficulties.
A Traumatic Brain Injury (TBI) can have a lasting effect on a person's life. Who would have thought that a seemingly harmless, slippery surface could cause such serious harm?
These cases require proper documentation and skills. A New York City slip-and-fall attorney can provide this. Therefore, it is important to approach these cases with the right professional.
Spinal Cord Injuries
The impact of a fall directly on the thighs can lead to a coxe fracture. This may eventually develop into a herniated disc. That is something that requires medical attention so they can avoid future health complications.
People who have been hurt in their spinal cord may present symptoms like:
- Paralysis or weakness in limbs
- Difficulty breathing or coughing
- Loss of bowel or bladder control.
- Spinal pain or pressure
- Tingling or numbness
- Muscle spasms or exaggerated reflexes
- Loss of sensation or motor function below the injury site (in severe cases)
Many people ignore early signs of symptoms. Allowing time to pass is the worst thing you can do for yourself. Take action right away and call your New York slip and fall attorney at the Ward Law Group.
Can I get Compensation for my Slip and Fall Injury?
Yes, you can get compensation for your slip-and-fall injury. You must check the facts with your New York slip-and-fall attorney. There is much evidence to gather to help you build a solid case.
There are various situations for these types of accidents. Some can give you more than anticipated, while others may give you less. That is why our experienced lawyers can benefit you.
You may be awarded economic and non-economic compensatory damages for a slip and fall injury. Damages may include:
- Medical Bills
- Lost wages for being unable to attend your job
- Loss of potential income
- Pain and suffering
The amount of compensation for a victim's injuries depends on their severity. New York does not have a compensation cap.
NY Slip and Fall Laws
In New York, some laws protect people from their expenses due to injuries caused by slip and fall accidents. Basically, there is the following portion of the law that reads:
A person or entity "in control" of property has a duty under New York law:
"to use reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable."
First, we need to address the fact that there are differences between premises liability and personal injury claims. Let's dive into these definitions.
Personal Injury Laws
In New York, this law is used whenever individuals suffer physical, emotional, or psychological injuries due to the negligent or intentional actions of others.
Personal injury law allows individuals harmed to seek compensation for their losses and damages.
Hazardous conditions on someone else's property, such as wet floors, icy sidewalks, or poorly maintained premises, are considered negligence. Personal injury laws are governed by statutes, precedents set by court decisions, and specific rules and procedures.
Premises Liability
Property owners or occupiers are held accountable for injuries and accidents. This is called premises liability. Property owners have a responsibility to keep their property safe. This obligation applies to visitors and occupants alike.
If someone is injured or harmed due to hazardous conditions or negligence on the property, the property owner or occupier may be held liable for the damages.
This concept can extend to different scenarios beyond the sole incident of a slip-and-fall accident, such as:
- Inadequate maintenance
- Negligent security
- Hazardous conditions
- Dog bites or animal attacks
We understand the difference between these definitions. But what happens when an incident occurs in a public area?
A municipality is responsible for removing snow and ice from public sidewalks (adjacent to the street). However, most municipalities have enacted ordinances that require the adjoining landowner to do the same.
The ordinance must state that tort liability will be imposed on the adjoining owner if they fail to maintain the sidewalk. This ensures liability is enforced.
Who's Liable For My Injuries After I Slip and Fall in New York?
Property owners have a duty to maintain their properties, which we learned before. The purpose of this is to ensure the property is a safe place for guests and visitors. Now, they have a permitted timeframe to resolve any issue regarding their property.
The owner of a place you visit for commercial purposes must inspect the premises regularly. They must also fix any hazardous conditions that may lead to a fall. Grocery stores must clean up any spilled liquid quickly. Signs must be posted to alert customers of the wet floor.
If you visit a friend's home, they don't need to inspect their property regularly to prevent hazardous conditions. Of course, they know you are coming. However, they must tell you about the hazard so you can be aware and avoid the danger.
Sometimes, a trespasser may be entitled to compensation from the property owner, even if the owner knew of the potential for injury.
Other people who could be held responsible for injuries sustained in a slip-and-fall incident include landlords and government agencies. However, you must seek professional assistance from a New York slip-and-fall attorney.
Contact A New York City Slip and Fall Lawyer
The Ward Law Group offers the most prepared and compassionate New York slip and fall attorneys. We will assist you from the day you get hurt.
We have 25+ years of experience with personal injury lawsuits. Our approach has enabled us to recover over $500 million for our clients. Call 855-DOLOR-55, and one of our top lawyers will answer your questions. Get a free case consultation.