A slip and fall can result in serious and sometimes permanent injuries. Victims may face major medical bills, missed time from work, pain and suffering, and other losses. If you slipped and fell due to someone’s negligence, you may be entitled to seek compensation from the at-fault party.
However, you should expect resistance and denials of liability from the party that caused your injury. You will need exceptional legal counsel to make the case for the monetary damages you deserve. Count on Dell & Dean, PLLC to fight for you.
Why Trust Dell & Dean With Your Accident Claim?
Accident victims want to know that their cases are in good hands. While Dell & Dean is experienced with slip and fall claims, we also believe that our past results demonstrate a unique level of client commitment. When you hire us, we don’t treat you as a case file number.
Rather, we get to work investigating how your accident happened, who was responsible, and what sort of financial, medical, and personal losses you have. Then, we develop a customized legal strategy aimed at seeking the maximum amount of compensation available.
We know that an accident could cause you to have major medical bills, miss time from work, and endure serious pain. Those are not problems we take lightly. We treat each client the way we would want to be treated if we were the slip and fall victim.
But don’t take our word for it. Read some of the testimonials written by personal injury clients just like you. Our firm is proud to deliver compassionate legal advocacy from the beginning to the end of each client case, and we’re ready to serve you today.
Common Causes of Slip and Fall Accidents
Understanding exactly why your slip and fall happened is important because you have the duty of demonstrating how it points to negligence. Our Long Island personal injury lawyers have experience with all types of slip and fall accidents, including those that result from:
- Broken, uneven, and loose stairs: Lack of stairway maintenance could indicate negligence on the part of a landlord, building manager, property owner, or another party. A fall from an elevated position could cause permanent injuries like paralysis.
- Lack of handrails: Similarly, stairs need to have adequate handrails. Most people overlook this basic safety feature, but the absence of handrails can have serious consequences, especially for someone with limited mobility.
- Slippery and wet floors: These may result from rain, spilled liquids, and other substances that make the floor slick. Businesses and property owners should make reasonable efforts to rope off an area where something has been spilled until it can be cleaned up.
- Parking lot potholes: Poorly maintained parking lots deteriorate over time and develop potholes. These are not just damaging to vehicles. Patrons at a business, for example, can accidentally step into these and fall down.
- Wet leaves: Some pedestrians underestimate how slick a collection of wet leaves can be, but this is especially a problem in the fall and winter. Even if you are wearing good shoes, you could lose traction and slip.
- Poor lighting: Lack of adequate lighting inside or outside a property can increase the risk of a slip, trip, or fall. Lighting issues are problematic in the fall and winter, when there is less daylight during business hours.
- Snow and ice: Long Island is no stranger to snow and ice, and this hazard can present a danger on sidewalks, in parking lots, and elsewhere. If the property owner does not clear the snow and ice within a reasonable time, and someone slips and falls, they may be held liable.
- Black ice and refreezing ice: These two hazards are a notable issue. Black ice is hard to spot, and a pedestrian can slip on a patch in a parking lot or on a sidewalk. Refreezing ice is also a problem when property owners fail to use salt, sand, or other preventive measures.
- Loose mats, rugs, and carpeting: Mats and rugs, especially at the entrances of businesses and buildings, can trip a customer or guest. Likewise, carpeting that has become loose or bunched up may present a hazard.
- Clutter and debris: A business or property owner should do what it can to ensure that halls and walkways are not blocked by clutter and debris. A pedestrian who encounters one of these obstacles can trip, fall, and get injured.
- Cords and wires: Unsecured cords and wires also cause trips and falls. These can be nearly anywhere, including indoor and outdoor entertainment venues where there is a high demand for electricity.
Proving Liability in a Long Island Slip and Fall Case
To make a claim for monetary compensation, a slip and fall accident victim has to establish certain elements. A typical claim will require strong evidence that demonstrates:
- There was a dangerous or defective property condition: For example, ice on a sidewalk or broken stairs. Any condition on the property which presents a slip, trip, or fall hazard should be carefully documented.
- The at-fault party owns or is responsible for the property: This means that the at-fault party is a property owner, manager, landlord, or someone else who is occupying or is in control of the property where the accident took place.
- The at-fault party acted negligently: How the property owner or other party handled the danger is an important question. Is there evidence that the party took steps to protect guests and visitors, warned others of the danger, or simply allowed a hazard to persist and cause an accident?
- The at-fault party created or had notice of the condition: Some slips and falls involve the at-fault party actually creating the hazardous condition. In other cases, the at-fault party either knew about it (actual notice) or should have known about it based on the circumstances (constructive notice).
- The condition caused the victim’s accident: There has to be a causal link between the dangerous condition and the accident that caused the victim’s injuries. The at-fault party may try to argue that the victim was responsible for the slip and fall.
- The victim suffered damages: Lastly, the victim has to show that because of the accident, they sustained damages like the ones discussed below.
Possible Damages in a Long Island Slip and Fall Accident
The main objective of filing a slip and fall lawsuit is to seek damages from the at-fault party. These will vary in nature and amount from one case to another, based on such factors as the seriousness of the victim’s injuries and the impact of the accident on the victim’s ability to work.
Economic damages
“Economic” refers to objective and readily calculable losses, such as:
- Past medical bills
- Reasonably estimated future bills
- Lost income due to time missed from work
- Lost future earning capacity if the victim is unable to work
- Out-of-pocket expenses related to the accident
Non-economic damages
“Non-economic,” by contrast, means these damages are more intangible and subjective. Examples include:
- Pain and suffering
- Emotional distress
- Decreased enjoyment of life
- Permanent disability, impairment, and disfigurement
What You Need to Know About the Statute of Limitations
In most New York personal injury cases involving a private party, there is a three-year statute of limitations. This means the victim has three years from the date of the accident to file a lawsuit. If the victim files after the applicable deadline has expired, the court will dismiss the lawsuit.
The statute of limitations operates differently for government defendants. If you slip and fall on government property, you must generally serve a Notice of Claim within 90 days. Further, you will have to file a lawsuit within one year and 90 days of the accident.
Contact Our Long Island Slip and Fall Accident Attorneys
If you were hurt in a slip and fall, don’t wait to take action and risk a statute of limitations issue. Reach out to Dell & Dean, PLLC today. Our mission is to help you seek the compensation you need to recover from your injuries and move forward. Schedule your free consultation now.
Frequently Asked Questions About New York Slip and Fall Accidents
What sort of evidence can help my case?
You will need compelling evidence to substantiate your claim for compensation. One key type of evidence is visual. You should try to take pictures and record videos of the accident scene, especially if it involves ice or some other evidence that can quickly be lost.
Keep copies of all of your medical bills and work-related records (e.g. time missed from work or reduced job responsibilities) as well. If there were any eyewitnesses, get their names and contact information. Keep a journal of your pain, suffering, and daily limitations.
A lawyer can assist with gathering certain types of evidence. For example, there may be past complaints or incident reports about dangerous conditions at the property. There may also be surveillance camera footage which your lawyer can obtain.
The at-fault party may try to cover up or destroy evidence related to the accident, such as surveillance footage. This is why it’s important to contact a Long Island slip and fall attorney right away. Your lawyer can take certain steps to preserve valuable evidence in your case.
What is the difference between actual and constructive notice of a dangerous property condition?
Actual notice means a party actually knew about the dangerous condition that caused the victim’s injuries. Constructive notice means, based on the circumstances, the party should reasonably have known about the dangerous condition, even if they didn’t actually know.
For example, if a property owner conducts reasonable inspection and maintenance of their property, they will usually discover hazards that can cause slips and falls. The owner cannot simply turn a blind eye to these problems; they can in certain cases be held liable.
Who is responsible for keeping sidewalks free of slip and fall hazards?
As a general rule in New York, municipalities are responsible for public sidewalk maintenance. However, local ordinances in Long Island may impose a duty on another party, such as the abutting property owner. Let an attorney assist you with this complicated issue.
What if my loved one died in a slip and fall accident?
Each year, tens of thousands of victims die in slips and falls. If this has happened to your loved one, contact our wrongful death attorney. Different elements, damages, and statutes of limitations apply to these cases, so be sure you don’t wait too long to contact an attorney.
