Experienced Long Island Slip & Fall Accident Lawyers
Slip-and-fall accidents sometimes appear as things to laugh about in cartoons and comedy shows, but there is nothing funny about falling and getting seriously injured. If you have slipped or tripped and fallen and gotten hurt in the process, then you need to consult with a personal injury attorney. You deserve to know your rights and have the advocacy you need to recover compensation for medical bills and more.
Get Compensation After A Fall Injury
At Futterman, Lanza & Pasculli, LLP, our premises liability attorneys offer free initial consultations and represent injured clients on a contingency basis. That means you will not owe attorney fees unless we get you a settlement or verdict. Speak with attorney Barrie E. Bazarsky to learn about the legal processes that can help you find relief.
How Did You Fall? How Were You Injured?
If you turn to our firm for representation, attorney Barrie Bazarsky, our premises liability lawyer, will investigate your case to determine who was responsible. Was it an architect or engineer who did not ensure that stairs were built to code? Was it a property owner or manager who allowed stairs to fall into disrepair? Did a subcontractor leave debris in a walking path at a construction site or did a repair person do so in an apartment hallway?
Attorney Barrie Bazarsky will also review your medical records and, perhaps, consult with your doctors to learn about your long-range prognosis after your injury such as:
- A head injury
- One or more broken bones
- A back, neck or head injury
- A spinal cord injury
Our goal at Futterman, Lanza & Pasculli, LLP, will be to ensure that you have the resources necessary to heal physically while also compensating you for time off work and other losses. With Offices in Smithtown, Bay Shore, and Garden City, our law firm primarily represents clients throughout Long Island (Nassau County and Suffolk County) and the Metro New York area.
Slip And Fall Accident FAQs:
Where do most slip-and-fall accidents occur?
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.
What are some common slip-and-fall accidents?
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.
What are some common injuries from slip, trip, and fall accidents?
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.
What should I do after a slip-and-fall accident in New York?
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.
Who is responsible for a slip and fall accident injury?
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.
Can you sue the City for falling on a sidewalk?
Yes, you can sue the City for falling on a sideway. 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.
Can you file a lawsuit against a business for falling on their property?
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.
I fell at work; what are my rights in New York?
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.
What is premise liability law in New York?
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.
What types of compensation can I seek for my injuries?
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.
What is the statute of limitations on slip and fall injuries in NY?
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.
Should I negotiate a slip-and-fall settlement without a lawyer?
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.
How can an attorney help me with a slip, trip, and fall accident injury case?
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.
After Your Fall Or Your Loved One’s Fatal Fall On Long Island
Your elderly parent may have suffered serious injuries or died after a fall at home. Your child may have fallen from a moving school bus and suffered severe or fatal injuries. These extreme examples unfortunately do reflect some of our clients’ losses. Other clients suffer sprained ankles and similarly mild injuries that are nonetheless expensive to treat. Our personal injury practice may meet your needs regardless of the severity of your injuries.