Slip & Fall Lawyer in New York

Serving Clients in Cambria Heights and Surrounding Areas

A slip and fall may not sound serious, but it can actually result in very serious injuries. Fractures of the wrist or hip are not uncommon, especially among the elderly, and can involve a lengthy and painful recovery period. Cuts and fractures to the face are also possible, and these injuries may be disfiguring if not treated promptly and properly. Moreover, a fall also creates a risk of serious head injury or neck and back injury, including traumatic brain injury or spinal cord injury. These are ranked among the most serious and costliest of personal injuries. A slip and fall should always be taken seriously, and prompt medical attention should be obtained.

Were you injured on someone else's property? Talk with a skilled slip and fall attorney near you. Contact Polanco & Associates, PLLC online or call (718) 215-0240 to secure a free consultation.

Common Causes of Slips & Falls

Navigating the aftermath of a slip-and-fall accident can be daunting. Individuals often face significant medical expenses, loss of income due to inability to work, and the emotional stress of dealing with an injury. Knowing your rights and the steps you can take after such an incident can make a significant difference in your ability to secure the compensation necessary for recovery. Understanding these aspects is crucial for protecting both your health and your legal rights.

Some of the Most Common Causes of Slip & Fall Accidents Include:

• Slippery, cracked, uneven, or obstructed sidewalks
• Broken steps and stairs
• Broken or missing handrails
• Slippery floors due to spills or water tracked in during inclement weather
• Unmarked steps or ramps between "split-level" areas in stores
• Obstructions on the floor or in the aisle of a store
• Carpet defects, such as tears or bumps

Slip & fall premises liability situations can be difficult to prove. After an incident, it must often be shown that the property owner knew or should have known of the dangerous condition yet failed to fix it. In the case of a temporary condition, such as a food or drink spill in a grocery store or restaurant, the question of how long the condition existed before the incident can be crucial. There are several different ways to establish and demonstrate this fact, but it takes an experienced trial attorney to know how to prepare and present a persuasive legal strategy.

Proving liability involves collecting evidence such as photographs of the scene, witness statements, and expert testimonies. Additionally, understanding the nuances of what constitutes 'reasonable suspicion' that a property owner should have been aware of the hazard is essential. This involves analyzing maintenance and inspection logs of the premises, evaluating the frequency and thoroughness of property maintenance, and identifying any prior complaints or incidents.

Understanding New York Slip & Fall Laws

In New York, slip and fall accidents are governed under the premises liability laws, which obligate property owners to maintain safe environments. Owners can be held liable if they fail to address or warn visitors of hazardous conditions. The key aspect of these laws is the establishment of a duty of care. The property owner must ensure that the premises are safe for visitors or adequately warn them of potential risks. However, if a visitor does not exercise reasonable care for their own safety, comparative negligence rules can reduce their compensation. This means the injured party's recovery may be limited if they are found partially at fault. Understanding these legal intricacies and the time frame for filing a claim, limited by the statute of limitations, is crucial.

For filing lawsuits in New York, the injured party usually has three years from the accident date to start legal proceedings. However, specific circumstances can alter this period, such as injuries occurring on government property, which often have more restrictive timelines. Acquiring familiarity with these regulations and time constraints is critical for ensuring claims are filed properly and timely.

What to Do After a Slip & Fall Accident

If you experience a slip and fall accident, it's crucial to act quickly. Begin by prioritizing your health by seeking medical attention immediately, even if injuries seem minor at first. Prompt medical evaluation will document your injuries, which is important for both your recovery and any potential legal claims. Additionally, report the accident to the property owner or manager. Detailed records of the incident should be created, including the exact location, time, and conditions of the fall. Take photographs of the scene and your injuries as soon as possible.

Collect contact information from any witnesses to the accident as they can provide crucial support during legal proceedings. It's also advisable to preserve any footwear and clothing worn at the time for evidence purposes. Avoid making statements about fault at the scene, as these can be misinterpreted later. Finally, seek expert legal assistance from a slip-and-fall attorney in New York to navigate the complex legal landscape and improve your chances of receiving fair compensation.

The injury attorneys at are ready to provide sound counsel for your claim. Dial (718) 215-0240 or submit an online form to make an appointment right away.

Frequently Asked Questions About Slip & Falls

How Can I Prove a Slip & Fall Was Not My Fault?

Proving a slip and fall was not your fault involves demonstrating that the property owner was negligent in maintaining safe premises. Start by documenting the accident scene with photographs that show the hazard you encountered. Gather witness statements that describe the unsafe conditions that led to your accident. Hiring an attorney with experience in slip and fall incidents can be beneficial, as they will know how to gather evidence such as maintenance records, inspection logs, and any prior reports of similar issues. These can illustrate the owner's awareness or neglect of hazardous conditions, bolstering your claim.

What Is the Statute of Limitations for Slip & Fall Claims in New York?

In New York, you generally have three years from the date of the slip and fall accident to file a lawsuit. However, if your accident occurred on government property, different, shorter time frames might apply, potentially requiring you to file a notice of claim within as little as 90 days. It's crucial to act promptly and consult with a qualified slip and fall lawyer in New York to ensure that all paperwork and filings meet state-specific deadlines. Waiting too long or failing to adhere to these requirements could lead to forfeiting your right to seek compensation.

Can I Claim Compensation for the Long-Term Effects of a Slip & Fall Injury?

Yes, compensation for the long-term effects of a slip and fall injury is possible. When filing a claim, ensure that you include not just immediate medical expenses, but also ongoing treatment costs, rehabilitation, pain and suffering, and any long-term impact on your quality of life. Proactive documentation of medical records and expert testimony regarding the future implications of your injuries will be essential. Engaging with a knowledgeable slip-and-fall lawyer in New York can help you thoroughly assess potential future impacts to advocate effectively for a settlement that adequately addresses all damages incurred.

What Are Common Defense Tactics in Slip & Fall Legal Claims?

In slip-and-fall legal claims, defense tactics often focus on questioning the plaintiff's credibility and the existence of the hazard. Defendants may argue that the hazard was obvious and that the plaintiff should have recognized and avoided it, or that they were distracted and failed to exercise reasonable caution. They may also contend that the condition was temporary and did not exist long enough for the property owner to address it appropriately. To counter these tactics, providing substantial evidence, such as clear photographic documentation and thorough witness statements, can be crucial. Legal representation from a slip-and-fall attorney in New York can further aid in effectively challenging these defenses.

Is It Necessary to Go to Court for a Slip & Fall Claim?

While many slip-and-fall claims are settled out of court, going to trial may sometimes be necessary, especially if a fair settlement cannot be reached. Hiring an experienced slip-and-fall attorney in New York who is willing to prepare for litigation and advocate in court is critical. They can help assess whether settlement offers reflect the true value of your claim, factoring in both current and future needs. However, lengthy and costly trials can often be avoided through negotiation and mediation, which an experienced attorney can also facilitate effectively.

Make sure you contact an attorney right away to protect your rights, and make sure your lawyer is experienced in situations of municipal liability as well as private civil lawsuits. In New York City, contact Polanco & Associates, PLLC.