New York Slip and Fall Lawyer

Slip and Fall Accident Attorneys Determine Liability

Most of us have experienced a slip, trip or fall at some point. Most of the time we get up, dust ourselves off and go on with our business. But when a fall causes serious, painful injuries, and perhaps results in loss of income due to temporary or permanent disability, it’s time to take a more in-depth look at why the accident happened. Were you hurt because of the negligence of a commercial business? In your workplace? At school, church, or a theatre? On a neighbor’s property, or even in your own rented home? Who can be held liable for such an accident if someone is injured?

If it can be shown that a property was poorly maintained and there were known hazards that were not corrected, the individual, business or government entity that owns the property may be held liable. Here are just a few of the situations seen by our New York slip and fall attorneys:

• A property owner failed to clear ice and snow from the sidewalk, causing a pedestrian to slip and suffer broken bones.
• A grocery store employee saw that a spill had occurred but didn’t clean it up or report it.
• An apartment manager knew that a step was loose and failed to repair it.
• A business allowed rain water to collect in the lobby, causing a slippery floor.

Proving negligence in a slip and fall case can be difficult. Property owners may say that the injured party caused the accident themselves by not watching where they were going or by being otherwise distracted. An experienced slip and fall attorney from Tucker Lawyers PC can help you determine whether the owner of the property where your injury occurred may be liable and, if so, fight for your rights to fair compensation for your medical bills and other damages.

Don’t delay. Call us now at (516) 399-2364.

What Are Some Common Hazards That Can Lead To A Successful Slip And Fall Claim?

Though a slip and fall accident can occur in nearly any setting, there are a few common property conditions that seem to lead to premises liability claims. If you were injured in a slip, trip or fall because of one of these situations, call Tucker Lawyers PC immediately!

• Snow and ice on walkways or in parking lots. Business owners and other property owners in New York are well aware that snow and ice can cause people to slip and fall if it isn’t properly removed. The property owner, or the plow company or other contractor the property owner hired to remove the snow and ice, may have been lax in their duties. If such carelessness caused you to slip and fall, you may have a personal injury claim against the property owner, the plow company, or both.
• Spills and wet floors. Grocery stores, restaurants and other businesses have a duty to clean up unsafe conditions as quickly as possible and to alert customers right away about spills and wet floors by putting up warning signs or safety cones. Even if warning signs or cones are present, you may still have a slip and fall case if you slipped and fell on a wet floor. In some cases, the signs may not have been large enough or displayed clearly. An attorney can review all the facts of your accident to determine whether you may have a case even if “wet floor” warnings were present.
• Cluttered walkways. Workplace walkways that are cluttered by boxes, filing cabinets, extension cords, tools or other impediments can make walking hazardous. If you trip and fall at work or elsewhere due to a cluttered walkway and are injured, consider consulting with a slip and fall lawyer.
• Uneven and slippery floors. According to the Consumer Products Safety Commission, floors and flooring materials contribute to more than two million fall injuries annually.
• Worn and uneven steps. When steps are poorly maintained or step risers are uneven, tripping and falling is likely to occur, which can lead to serious injuries.
• Poor visibility. Burned out lightbulbs that haven’t been replaced, dim lights or no lights at all can make it hard to see and can lead to accidents. Business owners have an obligation to ensure that parking lots and other areas around their properties are adequately lit. Stairwells that are poorly lit can be especially dangerous.
• Lack of stair handrails or broken handrails. Building codes stipulate requirements related to handrails on stairs. If a building code calls for handrails on stairs and there are none, or if they are improperly installed or are not the correct height and you fall and are injured, the property owner may be held liable. Poorly maintained handrails that are loose or broken and result in someone’s being injured can also lead to lawsuits.

Whatever the root cause of your injury, you are well within your rights to consider legal action if you believe it is a premises liability claim. Our New York City slip and fall lawyers can help you determine whether or not you have a potential claim. Call us at (516) 399-2364.

Compensation a Slip and Fall Accident Lawyer May Win for You

When you file a slip and fall premises liability claim, you are demanding payment for the many costs you’re facing. Some of these expenses are clearly financial, but you can (and should) consider the non-financial impact of your injury as well.

In a successful case, you can win an award that covers your expenses – or damages – and other losses, including:

ANY AND ALL MEDICAL EXPENSES RELATED TO YOUR SLIP AND FALL INJURY

This includes current and possible future costs for hospitalization, doctor visits, physical therapy, rehabilitation, tests, treatments, medical equipment and medications. It may also include things such as the cost of getting to and from medical appointments and parking fees at healthcare facilities.

LOST INCOME BECAUSE OF DIMINISHED WORK CAPACITY OR TIME MISSED AT WORK

You might have missed work because of your injury, or you might find that your injury prevents you from working at the same level you did before suffering an injury. Both past and future lost income can be considered compensable damages in an injury claim.

PHYSICAL AND EMOTIONAL PAIN AND SUFFERING

These damages are considered “non-economic,” though they often do have financial implications for sufferers. They include things like loss of enjoyment of life because of chronic pain, emotional anxiety, humiliation, shock and other things. Calculating these damages is not as easy as adding up dollar amounts, and this is one reason a slip and fall victim is wise to consult an experienced NYC personal injury attorney like those at Tucker Law PC in New York City.

WHAT COMPARATIVE NEGLIGENCE MEANS TO YOUR CASE

Our NYC slip and fall attorney at Tucker Lawyers will explain to you the concept of comparative negligence, which is the legal theory applied in New York state. Very briefly, it means that if you are found to be partially at fault for your slip and fall accident, what you can recover in compensation will be reduced by the percentage you’re found to be at fault.

For example, if it’s determined you were 20% at fault because you were looking up at the sky (or down at your smartphone) when you tripped over some tools that were left on the path leading to the building’s front door, your potential award will be reduced by that percentage. If the settlement amount is $10,000, your award would be reduced by $2,000 and you would receive $8,000.

Note, however, that it would be up to the property owner to prove that you contributed to your own accident.

Our New York City premises liability attorneys know how to argue for your rights in slip and fall cases and can help determine what you’re owed. We make sure our clients get the respect, care and compensation they deserve. Contact us today at (516) 399-2364 to schedule your free consultation.

Falling in Transportation Hubs

Here is what you need to know. Tourists, locals and regular commuters to New York might encounter dangerous conditions around subways, trains, airports or buses. Travelers might encounter hazardous conditions at notoriously dangerous stops like the 191st Street at the 1 Line, the Hoyt Schermerhorn on the A/C lines or Chamber Street at the J Line. Crowded, busy environments can lend themselves to slick and dirty floors, loose tiles or broken flooring. Think about how many people hustle through Grand Central Terminal and Pennsylvania Station every day. Or consider how many people fly out of LaGuardia Airport or the John F. Kennedy Airport.

Millions of people travel to and from New York City every single day. Is it any surprise that many will suffer a fall because of hazardous conditions somewhere along their journey?

What Can Be Done If a Loved One Was Killed in a Slip and Fall Accident?

If your loved one died in a slip and fall accident in New York due to the negligence of a property owner, the property owner may be held liable through a wrongful death lawsuit. The personal representative of the deceased can file a claim on behalf of surviving family members.

The compensation that can be sought in a wrongful death claim depends on the specifics of the case, but may include medical bills, lost wages, funeral and burial expenses and other damages. The claim must be filed within two years of the person’s date of death.

Contact a New York wrongful death attorney at Tucker Lawyers PC for more information.

Why the Big Apple Is Ripe for Slip and Fall Accidents

Falls can occur anywhere. They are especially common if someone is unfamiliar with their location, which means that the large numbers of visitors to New York might be at a particular risk for a slip and fall. Visitors to our city are constantly walking to popular tourist destinations like museums, including the Metropolitan Museum of Art, Museum of Modern Art, American Museum of Natural History and the Solomon R. Guggenheim Museum. Just like locals, tourists also frequent sports venues, such as Madison Square Garden, Yankee Stadium, Citi Field or the Barclays Center.

It can be disorienting to visit a place for the first time; and if there is a slick floor, uneven surface or obstacle in the way, it’s easy to understand why a person might slip and fall on their trip to New York City. If you are a visitor to New York City who slipped and fell and was injured while simply trying to see the sights and enjoy a vacation, you might now know where to turn for help. The skilled NYC slip and fall attorneys at Tucker Lawyers PC can help you understand your rights under New York law. Call us at (516) 399-2364 for a free initial consultation.

Slip and fall risks are present everywhere, from your local grocery store to your office’s parking lot. If you or your loved one suffers an injury from a fall, you deserve compensation if the conditions of the property don’t meet a reasonable safety standard. While there are many common causes of slip and fall accidents, most stem from a fundamental flaw of oversight by a property’s owner or supervisor.

Slip and Fall Lawyers in NYC Answer FAQs

When you’ve been injured in a slip, trip and fall accident, you probably have a lot of questions. Following are some general answers to common questions that many people have when they fall on another’s property and are injured. Remember, however, that each and every case is different and has its own unique circumstances. A New York personal injury attorney who is experienced in handling slip and fall cases can more accurately advise you after learning the specifics surrounding your unique case.

• Do I need an attorney to handle my claim?
• How long do I have to bring a slip and fall claim?
• Will I have to go to trial for my slip and fall case?
• Do I have to pay any legal fees if I lose my case?
• How much can you get for a slip and fall?
• How will my medical bills get paid?
• What does our NYC slip and fall attorney have to prove to win the case?
• Does it help if I have pictures of the location where I fell?
• Does it make a difference if someone else fell because of the same condition?
• Is it OK that I gave a statement at the time of the incident?

Avoid These Mistakes after a Slip and Fall Accident

It is important to get the help of an NYC slip and fall attorney right after your accident so you don’t make mistakes that could harm your case. We can advise you on the steps you need to take after your accident and what actions you should avoid. Here are the top five ways a person can harm their case and the amount of compensation they could receive.

FAILURE TO FILE AN ACCIDENT REPORT

Insurers — and even a jury, if your case goes to court — may question the validity of your claim if you wait too long to report your accident. File a report with the property owner as soon as possible and ask for a copy of the report.

FAILURE TO OBTAIN PICTURES OF THE LOCATION OF YOUR FALL

The conditions that caused your slip, trip or fall may change due to weather, or the property owner may try to cover up some dangerous condition that caused your accident. Having dated, photo evidence of the conditions at the location where you fell are important as evidence. It’s best to have pictures taken from several angles. If you are unable to take photos right away, ask a family member or friend to visit the accident site and take pictures. Tucker Lawyers PC can also help you with this if you call our New York slip and fall lawyers right away.

REFUSAL OF MEDICAL ATTENTION

Injuries from a slip, trip or fall accident are not always obvious. Things like internal bleeding, soft tissue damage and organ damage are some hidden injuries you may not even be aware of. Some head injuries don’t show obvious symptoms until a while after an accident. After a fall, get medical attention right away to help ensure your health and safety. A doctor’s report will also help document the fact that you did suffer injuries. Be sure you clearly tell the medical provider how the accident occurred and that your injuries were the result of a fall. You want to be sure the doctor’s report reflects the same information included in your legal claim, should you decide to make one.

SPEAKING DIRECTLY WITH THE INSURANCE COMPANY

Insurance company adjusters and lawyers are skilled in finding reasons for rejecting claims or decreasing the amount they offer. They may try to use your own words against you. It is best to have a slip and fall attorney who is experienced in dealing with insurance companies speak to the company. Also, if the insurance company asks you to give a tape-recorded interview, understand that it is not a good idea, and you are under no obligation to do so.

NOT HIRING AN EXPERIENCED NEW YORK SLIP AND FALL ATTORNEY

An experienced attorney will complete all filings to protect your rights and ensure that you can receive the compensation you deserve.

The claims process following a slip and fall injury can be complicated. An attorney who is experienced in handling slip and fall negligence cases will review all the details of your case, handle the complicated process of filing with insurance companies, and fight to get you fair compensation for your medical bills and other damages. Having a skilled New York slip and fall attorney handle your case can reduce the stress you are most likely feeling so that you can concentrate on recovery.

Get Help From a New York Slip and Fall Attorney at Tucker Lawyers

TALK TO OUR TEAM TODAY SO WE CAN GET STARTED ON YOUR CASE

If you have been injured as a result of a fall, a New York slip and fall lawyer at Tucker Lawyers PC can help ensure that you receive the medical care that you need and the compensation that you are entitled to.

Time is of the essence, as New York has a statute of limitations, a deadline for filing personal injury lawsuits. Under New York Civil Practice Laws & Rules section 214, anyone who was injured or suffered property damage in a slip and fall on someone else’s property must file their lawsuit within three years from the date of the incident. There are a few exceptions, but if you miss the deadline the courts are likely to dismiss your case.

Call us today at (516) 399-2364 — the consultation is free, and we do not charge a legal fee unless we win your case.

Client Testimonial

”From the begin Tom Durand and staff have guided me where guidance was needed. Now, I await the check in the mail after a year and a half of back and forth. I will definitely keep in touch for the future.” – Ronald Knight (Google Review)

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]