19 Mar Slip and Fall Accidents: Know Your Legal Rights

Slip and Fall Accidents: Know Your Legal Rights

Slip and fall accidents are one of the most common types of personal injury cases in New York. What might seem like a minor trip can result in serious, life-altering injuries, including broken bones, head trauma, and spinal injuries. If you were injured in a slip and fall accident on someone else’s property, you may have a valid premises liability claim. Understanding your legal rights is the first step toward getting the compensation you deserve.

What Is a Slip and Fall Claim?

A slip and fall claim is a type of premises liability lawsuit. Property owners and occupiers in New York have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors of known hazards. When they fail to meet this duty and someone is injured as a result, the property owner may be held liable for the victim’s damages.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can happen in any setting — grocery stores, restaurants, office buildings, apartment complexes, private homes, parking lots, and sidewalks. Common causes include wet or slippery floors without adequate warning signs, uneven or cracked pavement, broken or defective stairs or handrails, poor lighting, cluttered walkways, ice and snow accumulation, and loose or bunched carpeting or rugs.

Proving Liability in a Slip and Fall Case

To succeed in a slip and fall claim in New York, you generally must prove that the property owner knew or should have known about the hazardous condition and failed to fix it or warn about it, and that this negligence caused your injuries. Establishing this “notice” element is often the most challenging part of a slip and fall case.

Actual vs. Constructive Notice

Actual notice means the property owner was directly aware of the dangerous condition — for example, an employee saw a spill and did nothing about it. Constructive notice means the condition existed long enough that the owner should have discovered and corrected it through reasonable inspection. Evidence such as security camera footage, maintenance logs, prior accident reports, and employee testimony can be critical in establishing either type of notice.

New York’s Comparative Negligence Rule

New York follows a pure comparative negligence rule, which means that even if you were partially at fault for your fall — for example, you were distracted by your phone or wearing inappropriate footwear — you can still recover damages. Your award will simply be reduced by your percentage of fault. This makes it important not to assume you have no case, even if the accident involved some degree of your own inattention.

Common Injuries in Slip and Fall Accidents

The injuries sustained in a slip and fall accident can be severe, especially for older victims. Common injuries include hip fractures, which often require surgery and lengthy rehabilitation; wrist and arm fractures from attempting to break the fall; head injuries, including concussions and traumatic brain injury; spinal cord injuries that can result in chronic pain or paralysis; knee and ankle injuries; and soft tissue injuries including strains, sprains, and torn ligaments.

Steps to Take After a Slip and Fall

What you do immediately after a slip and fall accident can make or break your case. Report the accident to the property owner or manager and insist on an incident report being filed. Get the names and contact information of any witnesses. Take photographs of the hazardous condition that caused your fall, your injuries, and the surrounding area. Seek medical attention immediately, even if you feel your injuries are minor — some serious injuries, like concussions and internal trauma, may not be immediately apparent.

Avoid making statements about fault to the property owner or their insurance company before speaking with an attorney. Do not post about your accident on social media. Preserve any clothing or footwear you were wearing at the time of the accident.

Compensation in Slip and Fall Cases

If your slip and fall claim is successful, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. The value of your case depends on factors including the severity of your injuries, the extent of your financial losses, the strength of the evidence against the property owner, and whether comparative negligence will reduce your award.

Contact Our Slip and Fall Attorneys

If you were hurt in a slip and fall accident in New York, the experienced premises liability attorneys at Tannenbaum, Bellantone & Silver, P.C. are ready to help. We have successfully represented slip and fall victims across Long Island and New York City, recovering the compensation they needed to move forward with their lives. Contact us today for a free, no-obligation consultation.