Slip-and-Fall Accidents

Most slip and fall or trip and fall accidents that I have dealt with have occurred in supermarkets. There could be a spill that was not cleaned up, the market employee watered the vegetables and water went on the floor, the freezer or refrigerator works inefficiently and leaks. Next would be in someone’s home or on their exterior steps. Also, sidewalks, parking lots restaurants and all for different reasons. Those reason can include ice and snow, uneven surfaces, spills. A fall on a public area has specials statute of limitations concerns and prior notice concerns.

With all slip/trip and fall cases, the defendant must have prior notice of the condition or have actual notice or have caused the condition. Prior notice is defined as the fact that the defendant knew or should have known about the condition or defect and failed to take care of it. The added pressure for a municipal defendant is that prior notice must have been in writing.

There are also exceptions to the doctrine, for example recurring conditions. I had a case once where there was a leak in the roof of a business such that each time it rained, the back area became flooded. My client was injured due to the water on the floor. I was able to establish that the defendant knew or should have known of the condition based on the recurring condition doctrine.

Based upon the complexity of cases of this nature, it is important to speak to an attorney who has experience with these types of cases as quickly as possible. Most of the time the injuries are severe but that does not alleviate the burden listed above.

Some common slip/trip and fall accidents are poorly cleared ice and snow; ice and snow accumulating due to gutters in disrepair; products falling off shelves; uneven or broken walkways, sidewalks or curbs; missing handrails; step risers with different heights; improperly marked handicapped ramps; negligent placement of mats put out in inclement weather; construction debris left out; and others that are just too individual and sometimes unusual or odd, so it’s best to speak with a personal injury attorney.

Slip/trip and fall injuries are usually severe.

That is why, when assessing the case, the attorney must first address the issue of liability.

The injuries my clients have suffered in this type of situation vary from severe fractures of the hip, leg, ankle, wrist, knee, shoulder etc requiring surgery; lacerations with disfigurement; complete ligament tears of the knee and the attachments to the quadriceps; facial fractures; head injuries and so on.

After a slip and/or trip and fall accident, you should take photographs of the item that caused the fall. Obtain information as to the address of the location as well as the type of location. Get witness information. Call the police and an ambulance and have an incident report filed if appropriate. If no one sees you fall and an ambulance or the police do not come, it may be impossible to prove that the event happened. The police report and/or the ambulance report are key.

Request video from any location nearby that has a camera.

If you are not well enough to do so, look around to see what establishments or homes may have a camera or a Ring doorbell.

The entity responsible for this type of injury depends upon where the incident occurred (both the fall itself and the location itself) as well as the type of incident.

It may be the property owner, a municipality, a utility company, or any combination of those entities.

Yes, you can sue the City for falling on a sidewalk. In some instances, the responsibility has been placed on the abutting property owner. It is important however to preserve a municipal claim by filing a Notice of Claim within 90 days of the accident. In addition, the Statute of Limitations to sue is 1 year and 90 days versus the usual 3 years for negligence. Success will depend upon Notice (see above) and the type of defect.

You can file a lawsuit against any entity that is responsible for failing to maintain their property in a safe condition.

Notice is essential in any case of this type.

Some municipalities impose the responsibility of sidewalks upon the abutting landowner.

Additionally, if there is a special use by the owner that created the condition that caused the injury, that enhances the possibility of recovery.

If you fall at work, worker’s compensation is primary. That means worker’s compensation pays the medical bills and may also be responsible for a lump sum settlement.

There may also be a claim against another party (a third party) depending upon why the accident occurred.

Liability must be established against a private defendant but not against the employer.

Premise liability is the body of law that covers the negligence of the defendant in slip/trip and fall cases and any other type of case that occurs on a premise (location) versus, for example a motor vehicle accident.

Compensation for injuries in New York is comprised of pain and suffering and loss of income (pecuniary loss).

In many cases, out-of-pocket expenses are also covered.

The general Statute of Limitations actions for negligence in NY is 3 years from the date of accident.

If a minor (under 18) is hurt, they have 3 years past their 18th birthday.

The exceptions are – if a municipality owns or controls the location of the fall, you must file a Notice of Claim within 90 days of the date of the accident and commence any lawsuit within 1 year and 90 days of the accident.

If the individual is a minor, they must still comply with this shorter time frame.

There are other exceptions as well, but the two most common are above.

For a slip/trip and/or fall, be especially mindful of the municipal statute.

Also, it is important to ascertain whether the State of New York is involved.

My general advice is I don’t do what I don’t know – so if my toilet leaks, I call a plumber.

If you have a case, you should speak with an attorney.

I believe in informed decisions and if you don’t know what the results can be, you may be giving up rights to a claim.

An attorney can help you with your trip/slip and fall case by representing you against the adverse interests of the defendants, guiding you properly, and explaining your options.

Also, an attorney can help maximize recovery if recovery is available and by protecting your rights against any lienholders.