Slip and Fall Accident Lawyer
Under NY premises liability law, property owners have a responsibility to maintain their grounds so they are reasonably safe for the public. When this duty is breached and someone gets hurt, the landlord or property owner may be held legally accountable for damages. Long Island personal injury attorneys at Edelman, Krasin & Jaye have the financial resources and experience to put to work on your case. Our ability to prove liability in slip and fall cases has resulted in numerous successful settlements and verdicts for our clients.
Fall-related injuries are the top cause of hospitalization for children under 14 in the state of New York, as well as for adults ages 25 and up. The New York Department of Health reports that falls are the leading cause of death due to unintentional injury for those 45-years-old and older.
Slip and falls can cause serious injury
Fall injuries are generally classified as falls on the same level and falls to a lower level. A fall to a lower level may occur when someone trips down the stairs due to a broken railing, or takes a tumble because there is an unexpected change in flooring elevation.
Slips and trip accidents occur when someone experiences a fall on the same elevation at which he stands. Slips and trips are no less serious, as the impact of the body hitting the ground can cause significant trauma.
Deaths due to slip and falls have increased as much as 46 percent in recent years. In 2002, falls caused approximately six deaths per 100,000 people but in 2010, falls were causing as many as nine deaths for every 100,000 individuals.
Non-fatal falls can also result in serious injuries including:
- Traumatic brain injury and/or brain damage
- Open or closed head wounds
- Spinal cord injury
- Bone fractures
The more serious a fall-related injury is, the more compensation you should be entitled to receive to cover your losses in full. At Edelman, Krasin & Jaye, our Long Island slip and fall attorneys have been handling premises liability cases since 1952, and we can help you determine how much your injury claim is worth.
Obligations of property owners
State law requires property owners to maintain their premises or buildings to reasonable standards. Renters of property are also obliged to ensure the areas under their control are reasonably safe and free of hazards. A failure to perform basis property maintenance can result in a slip and fall accident and give rise to legal liability.
A fall could be caused by:
- Ice and snow on the roads not removed within a reasonable time period
- Damaged stair treads, or uneven treads or a broken railing
- Slippery floors
- Overcrowded or debris-strewn walkways or aisles
- Cracked tiles or sidewalks
- Sudden changes in the surface of flooring
- Changes in floor elevation that are difficult to see or not marked
Property owners may not be responsible for every slip, but if a property owner or renter fails in meeting the obligation to provide a safe space, that individual can be held liable for fall injuries.
Pursuing a slip and fall lawsuit on Long Island
The specific obligation a property owner owes to a visitor depends upon the nature of the relationship:
- Customers are classified as invitees. Owners of facilities including restaurants, hotels and shops have the highest duty to protect these patrons. Owners must regularly inspect the premises to identify dangerous conditions. When hazards are identified, owners must correct them or warn customers about the risks.
- Friends and acquaintances are classified as licensees. An intermediate duty of care is owed to these visitors. Although guests must still be warned of hazards if property owners have yet to repair them, owners are not obliged to regularly inspect their properties. Owners can be held liable for slip and fall injuries only if they knew or reasonably should have been aware of the hazard.
- Those who enter without permission are trespassers. Even a trespasser has some limited legal protections. Property owners may not set traps and if there are regular trespassers, they must be warned of any serious dangers. Those who create an attractive nuisance, which refers to enticing yet dangerous conditions, can also be held legally liable for injuries if the property is not suitably secured. A family with an in-ground pool and no fence could, for example, be liable if a child drowned in the pool.
After determining who is to blame in a slip and fall case, the first step to filing a lawsuit is to ensure that you can prove the property owner failed to live up to his obligation. You must then demonstrate that this failure was the direct cause of the fall.
Claims can be pursued in court provided a plaintiff has sufficient proof. Claims can also be pursued outside of court if the defendant or defendant’s insurer accepts responsibility for the fall and is willing to fairly compensate the victim. Long Island premises liability lawyers at Edelman, Krasin & Jaye have extensive experience both litigating cases in court and negotiating fair settlements that provide victims with compensation for slip and fall injuries.
Compensation for slip and fall injuries
A favorable jury verdict or out-of-court settlement should both provide sufficient compensation to cover all economic and non-financial losses experienced by the fall victim.
Compensation can include:
- Medical costs – past, present and future
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Wrongful death
Talk to a NY slip and fall attorney
Edelman, Krasin & Jaye can help you maximize the compensation received in a slip, trip and fall lawsuit, making sure your medical bills and other costs are covered. If you have questions about your legal rights, please contact our firm to speak with a knowledgeable NYC & Long Island slip and fall lawyer today. Call 800-469-7429 to schedule a free case evaluation and learn more.
- New York State Department of Health, Fall Injury Prevention, http://www.health.ny.gov/prevention/injury_prevention/falls.htm
- Centers for Disease Control and Prevention, Falls In Nursing Homes, http://www.cdc.gov/HomeandRecreationalSafety/Falls/nursing.html
- National Floor Safety Institute, Quick Facts, http://nfsi.org/nfsi-research/quick-facts/
- Pain Medicine News, Falls a Rising Trend in Trauma-Related Fatalities, http://www.painmedicinenews.com/ViewArticle.aspx?d=Web%2BExclusives&d_id=244&i=January+2014&i_id=1028&a_id=24689