Experienced Slip and Fall Attorneys Serving the Hudson Valley, Long Island and New York Metro Area
Falls are dangerous and oftentimes lead to serious injury. We may think of them as being rare, but they are not. Every year, about 15% of injury deaths result from slip/trip and falls. More notably, falls are the most common cause of traumatic brain injuries. Annually, more than 8 million emergency room visits take place as a result of falling. If you or a loved one slipped or tripped and fell because of a dangerous condition due to lack of warning or a failure to make the premises safe, call the injury lawyers at Ingber & Provost for a free consultation today. We have over 40 years of combined experience and will aggressively represent you in your claim.
Common Causes of Slip/Trip and Falls
There are many dangerous conditions that can lead to a slip or trip and fall: bad lighting; manholes that are unguarded or lack warning signs; uneven surfaces; slippery surfaces; broken stairways; flimsy handrails; ripped carpets; or just general code violations.
New York Laws on Slip/Trip and Falls
Property owners and their agents (such as an employee or store manager) must exercise due care in keeping their premises safe. They must either warn of the danger or make sure that it is fixed if they knew or should have known of the dangerous condition. If they do not fix the condition or warn of it, they are negligent and can be held liable for other people’s injuries. If it is a business, the business owner also has a duty to inspect for unknown dangerous conditions.
Generally speaking, the owner or agent must be given a reasonable opportunity to learn of and fix the danger. For example, if a person in a grocery just spilled some liquid and the store staff did not have an opportunity to clean up the spill or warn of the dangerous condition (even though they acted reasonably), it would be difficult to prove that the store was negligent in its handling of the slippery floor.
For slip/trip and falls, you must file your claim within 3 years of the accident. Failure to do will most likely prevent you from having your case heard, even if it has merit. Of course, it is crucial to investigate and record the facts of the fall soon after it happened, before all evidence of the accident is erased. That is why it is important to consult an experienced attorney to have your case evaluated. The personal injury lawyers at Ingber & Provost have over 40 years of experience and can help.
New York is a “pure comparative negligence” state, which means that even if you are partially at fault, you can still recover if the responsible party was negligent. Your recovery is based purely on the percentage of fault of the other party. For instance, if you slip and fall and the jury finds that you were 30% at fault while the property owner was 70% at fault, you can recover 70% of your total damage award. In other words, you received 70% instead of 100% because you were 30% at fault. Thus, it is important to keep in mind that even if you were at fault, you can still recover.
The other party will aggressively try to prove that you are at least partially at fault to reduce your recovery. Or, they may try to disclaim any responsibility at all. It is critical to call an experienced slip/trip and fall attorney to represent you in your case and make sure that the responsible parties are held fully accountable.
What to Do After a Slip/Trip and Fall
First, you must notify the owner or agent of the premises and seek medical attention. Keep records of your medical treatment because it will be relevant to your claim. Do not sign any agreements without first consulting an experienced personal injury attorney, as this could limit or bar recovery.
Call the Experienced Personal Injury Lawyers at Ingber & Provost
Litigating a slip/trip and fall case can be a complicated process and thus requires competent, aggressive representation. Proving liability can be difficult when the other party is denying responsibility. Moreover, the other party may very well be represented by aggressive insurance companies trying to minimize your recovery or refusing to admit liability altogether. We have over 40 years of combined experience and have the experience and knowledge required to litigate your case. Call us today at 866-733-2720 for a free consultation.