Slip and Fall
According to the National Floor Safety Institute (NFSI), slip and fall accidents account for over a million emergency hospital visits every year. A simple slip and fall accident can cause life-changing injuries. Unfortunately, a large number of slip and fall accidents are preventable, as they are a result of a property owner’s negligence. If you suffered such an accident, please contact us at The Law Offices of Robert E. Brown, P.C.
Our experienced Staten Island slip and fall attorneys have extensive experience in slip and fall accident cases and can use their legal expertise, experience, and resources to get you justice and hold the at-fault party accountable for their actions.
The key to getting compensation is to engage us early in the process. Not only can we stop you from making mistakes that can undermine your case, but we can also reduce the burden on you by handling all the legal aspects of the slip and fall case. This way you can focus on recovering from your fall accident, while we build a strong case to get the maximum possible compensatory damages for your losses.
Causes of Slip and Fall Accidents on Staten Island
A slip and fall accident can happen anywhere, including the parking lot, mall, gym, or workplace. Unfortunately, many fall accidents result from the property owner’s negligence. The suffering of the fall victims could have been prevented if the property owner or manager addressed the safety hazard or warned the victim about the dangerous situation.
One of the most common causes of slip and fall accidents is wet floors. The floor can be slippery due to spills, wet weather, mopping, poor drainage, or other factors. In some cases, the floor material can make it more likely to cause a slip and fall accident. For example, marble and grange flooring are known to be more slippery.
Other common causes of slip and fall accidents are debris on the floor, loose wires or rugs, and damaged floors. Even slight unevenness of the floor can be enough to cause a fall, resulting in major injuries for the victim. In some cases, poor lighting, especially in walkways or stairwells can obscure hazards and increase the chances of a fall accident.
Common Injuries from a Slip and Fall
A slip and fall can result in various types of injuries depending on how and where you fall. This includes physical and physiological injuries. While physical injuries are more easily evident and can be devastating, the accident’s impact on mental health can be equal or worse. Here are some of the most common injuries from such accidents:
- Fractures or Broken Bones
- Traumatic Brain Injuries (TBIs)
- Neck Or Spinal Cord Injuries
- Joint Injuries
- Soft Tissue Injuries
- Facial Injuries
- Disfigurement
- Mental Trauma And Distress
- Depression
- Anxiety
Staten Island Laws for Slip and Fall Cases
Before you initiate legal action, such as filing a claim with the property owner’s insurance company or taking the issue to court through a personal injury lawsuit, you should get familiar with the legal rules that affect your case.
The premises liability laws on Staten Island require property owners to maintain a reasonably safe environment on their premises. If they are aware of a safety hazard, they must take action to fix it or give a clear warning to alert visitors of the danger.
The statute of limitations for slip and fall accident cases on Staten Island is three years from the date of the accident. You must initiate legal action within this window, otherwise you can lose your right to seek compensation. Special rules and deadlines may apply if the case is against a government entity; the statute of limitation might be shorter in such cases.
Comparative Negligence on Staten Island Slip and Fall Cases
There could be more than one party liable for a slip and fall accident. The defendant can argue that you were partially at fault for the accident. If the defendant is successful in this argument, your recoverable damages could be reduced by a percentage of your fault as determined by the court. For example, if you were aware of the unsafe condition on the property, and yet you did not exercise reasonable caution, then you could be partially at fault for your injuries.
Staten Island, like the rest of New York, follows a comparative negligence system for slip and fall accidents. The objective of this law is to promote fair allocation of the liability for the damages based on each party’s share of fault in the accident. The court will assign a certain percentage of fault for the accident, and your recoverable compensation will be reduced by that percentage. For example, if the court decides you are 30% at fault, then you can only recover 70% of the compensation.
Steps to Take after a Slip and Fall Accident
Your first step after suffering a slip and fall accident is to seek timely medical treatment. Not only is this essential for your health and safety, it is also an important step for your case. Whether you are filing an insurance claim or a lawsuit, you need to establish a medical record of your injuries. This helps prove that your injuries were serious enough to need medical treatment. Even if you think you don’t need medical attention, it is best to get a medical checkup from a healthcare professional. Certain injuries, such as whiplash or concussion, might not show symptoms immediately after the accident, but they are serious injuries that require medical attention.
Depending on how and where the slip and fall accident happened, you may need to report the accident. For example, if a fall occurred at the workplace, you must report the incident to your employer as soon as possible. If your injuries are not life-threatening, you can consider reporting the incident first and then getting medical attention. Also, you should document the scene by taking photos of conditions that led to your fall, such as a slippery floor or broken stairs.
Keep detailed records of all your expenses, including your medical bills, lost wages, and any other expenses that are relevant to the case. Consulting a slip and fall attorney as soon as possible after the slip and fall accident. Fall accident lawyers can help you navigate the legal process to recover compensation for your suffering.
How Can a Slip and Fall Accident Lawyer on Staten Island Help You?
You can expect the opposing party to deflect liability by either claiming they were unaware of the safety hazard, did not have enough time to fix it, or that you were careless in your actions. This means you need a strong case, including solid evidence, to get into a position where you can negotiate a full and fair settlement or get a judgment in your favor in court.
An attorney can help you navigate the challenges and complexity of slip and fall cases. This includes determining liability, proving damages, and ensuring you file within the statute of limitations.
The attorney can help you gather and preserve evidence such as maintenance records for the property, surveillance footage, police reports, eyewitness testimony, and more. In some cases, the attorney may also need to use experts, such as forensic engineers, to analyze the available evidence and provide their analysis of how the accident happened. Reconstructing the accident can be vital to establishing liability in a slip and fall accident.
The opposing party may want to engage in negotiations with you, but their goal will be to minimize their payout. They might try various tactics to make you accept an unreasonably low offer. Commonly used tactics include delaying tactics to frustrate you into accepting a low offer or downplaying the cost of the damages, especially future expenses or non-economic expenses such as pain and suffering. The opposing party can also be quick to offer a settlement to entice plaintiffs into accepting and resolving the case quickly. No matter how much you need the money, you should not show desperation or be unreasonably quick to accept any offers. With an attorney on your side, you will have expert legal guidance on what to do at each step of the process.
Schedule a Consultation with a Slip and Fall Accident Attorney
If you suffered a slip and fall accident on Staten Island, allow The Law Offices of Robert E. Brown, P.C. to fight for your rights. We specialize in Staten Island premises liability and personal injury law, including slip and fall cases.
Our personal injury attorneys take the time to assess your case and understand your needs to build a strong case. Since we take a personalized approach to each case, our personal injury lawyers are able to deliver their complete dedication and commitment to fall accident victims. We look forward to working with you and to getting the best possible outcome for your case. You can contact us to schedule a free consultation with our personal injury lawyer on Staten Island.
