Slip and Fall Injuries in New York

Tripping on an uneven sidewalk, slipping on a wet floor, tripping on a defective staircase or step in a building or falling over an object in your path can be embarrassing, but in many cases the damage is not merely to one’s ego. According to the New York State Department of Health, slip, trip and fall injuries are the leading cause of injury and hospitalizations for young children and for adults over the age of 25. Nearly 53,000 New Yorkers are hospitalized each year due to slip and fall or trip and fall injuries.

Common Causes of Slip, Trip and Fall Injuries

A slip and fall or trip and fall on a sidewalk, in a retail store, apartment building, office, or workplace may be caused by something other than clumsiness. Loose railings, objects left in a walkway, poorly maintained sidewalks or other walkways, spills, and other preventable conditions can lead to a serious fall. The hazards that cause falls are often temporary and easily cleaned up, possibly making it harder to prove exactly what caused the accident.

Timely Reporting

All incidents involving an injury should be reported, even if the injury appears minor at the time. Accidents on a defective city sidewalk or other conditions on a city sidewalk may need to be reported to the City of New York within ninety days of the accident. If the injury later turns out to be more serious than originally thought, or if complications develop, failure to report the original incident may affect one’s ability to receive compensation. Falls at the workplace or another location while on duty should be reported to one’s employer as soon as possible. Workers’ compensation claims must be reported and documented for an injured employee to make a claim for benefits.

When Can an Injured Person Make a Claim for a Slip and Fall Injury?

In order to make a successful claim for damages from a slip and fall or trip and fall injury, a dangerous condition must exist, and the owner of the property on which the injury occurred must have known or had reason to know that the condition existed. Proof that a property owner knew that a dangerous condition existed might include photos of the condition over time, copies of correspondence from a tenant to a landlord, witness or others who knew of the condition by virtue of seeing it over time. Pictures taken of debris or a spill in a retail establishment, restaurant or other public place following a fall may show that the owner knew or should have known that a dangerous condition existed for some time without a clean-up.

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Call a New York Accident Attorney

Before dealing with an accident investigator or insurance company, make sure you know your rights. It is easy to be intimidated and tempted to settle a claim quickly, especially when you are out of work and worried about supporting your family. The attorneys at Mirman, Markovitz and Landau, PC have extensive experience handling slip and fall and trip and fall cases like yours, and will begin working for you immediately, gathering evidence, investigating your claim and building a case that will give you the maximum compensation for your injuries. We are available 24 hours a day to arrange a free consultation. Call us at 212-227-4000, or visit our website to learn more about us.