What Is Considered a Slip and Fall Accident?
Slip and fall accidents occur when a person slips, trips, or falls because of a hazardous condition on someone else’s property. This kind of thing can happen anywhere: in a grocery store, on a sidewalk, at a friend’s house, or even at a workplace. Common causes include wet floors, icy sidewalks, uneven surfaces, poor lighting, and unmarked obstacles.
Common Injuries in Slip and Fall Accidents Claims
Slip and fall accidents can leave you with injuries like the following:
- Broken bones
- Strained muscles
- Traumatic head injuries
- Spinal cord damage
We recommend that you work with a medical professional to determine the severity of your injuries after a slip and fall accident. You may later have the opportunity to use a medical assessment of your losses as expert witness testimony should you choose to take your slip and fall accident claim to court.
Who Is Liable in a Slip and Fall Case?
In New York, property owners have a legal obligation to keep their premises safe. When they don’t, they may be accountable for any injuries that occur as a result. Although liability generally falls to the property owner, other parties may also be responsible, including:
- Store Owners/Businesses: If the hazard was in their establishment.
- Property Managers: If they are responsible for maintaining the property.
- Tenants (Commercial or Residential): If they control the area where the accident happened.
- Municipalities (Cities/Towns): If the incident occurred on public property (sidewalks, streets).
- Parking Lot Owners/Managers: If the accident happened in a parking lot they maintain.
- Contractors or Maintenance Workers: If their work or negligence created the hazard.
Liability depends on who controlled or was responsible for the area where the slip and fall occurred.
Examples of Property Owner Negligence
Trip and fall incidents can occur for a variety of reasons. Most commonly, a safety hazard is to blame. Some of these include:
- Poor lighting
- Unsecured rugs and mats
- Wet floors or uncleaned spills
- Tattered carpeting
- Loose or broken floorboards
- A lack of handrails
- Debris or other objects in a walkway
- Damaged sidewalks
- Ice or snow that has not been properly cleared
Common Defenses in Slip and Fall Cases
Property owners and their insurance companies often use defenses to avoid liability. They might argue that:
- The hazard was open and obvious. If a reasonable person had noticed and avoided the danger, the property owner might not have been held liable.
- Comparative negligence. New York follows the rule of comparative negligence, meaning that if you were partly at fault for your accident, your compensation might be reduced proportionately.
- No notice of the hazard. The owner might claim they didn’t know about the dangerous condition in time to address it.
Steps to Take After a Slip and Fall Accident
If you’re injured in a slip and fall accident, take the right steps ASAP. This can drastically impact the outcome of your case. Here’s what you should do:
- Seek medical attention. Your health is most important. Additionally, medical records will be crucial evidence in your case.
- Report the accident. Let the property owner or manager know what happened and, if possible, get a written report.
- Document the scene. Take photos and videos of the hazard, your injuries, and the surrounding area. Gather witness contact information if anyone saw the accident.
- Preserve evidence. Keep the clothes and shoes you had on at the time of the accident. They might be used as evidence.
- Consult an attorney. An experienced New York slip and lawyer can guide you through the legal process and help you pursue the compensation you deserve.
Important Evidence for a Slip and Fall Claim
You are obligated to uphold New York’s burden of proof if you want to demand slip and fall accident compensation from a liable party. If you’re going to meet that burden, you need to present the court with concrete evidence elaborating on the severity of your losses as well as the violated duty of care you suffered under.
The evidence relevant to your case can include the following:
- Chemical assessments of the scene
- Statements from witnesses
- Video footage or photos of your accident
- Expert witness testimony
- A police report speculating about fault
- Electronic evidence
Deadline for Filing a Slip and Fall Accident Claim in New York
Under the New York personal injury statute of limitations, you generally must file your slip and fall accident lawsuit within three years after your fall. The New York statute of limitations is complex, and there are many exceptions, some of which shorten the deadline. If you miss the correct deadline, you will lose your right to pursue compensation.
What Damages Are Available in Slip and Fall Cases?
Two types of damages are typically available in a slip and fall lawsuit: economic and non-economic. These damages vary depending on the types of injuries you may have suffered.
Economic Damages
Economic damages compensate victims for measurable financial losses resulting from an injury or harm. These include medical expenses, lost wages, property damage, and future costs like ongoing treatment or reduced earning capacity. They aim to restore the victim’s financial situation to what it was before the incident.
Non-Economic Damages
Non-economic damages compensate for intangible losses that cannot be easily measured, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. These damages address the psychological and emotional impact of an injury or harm, aiming to provide relief for the victim’s personal hardships.
New York Slip and Fall Settlements
At Richmond Vona, we have recovered hundreds of thousands of dollars in settlements for slip and fall claims, including the following:
$505,000 Icy Trail Slip and Fall Settlement
While on vacation, our client slipped on an icy trail and suffered a serious back injury. Attorney Peter Brady and Senior Litigation Paralegal Melissa Newhouse fought tirelessly to hold the property owner accountable — ultimately securing a $505,000 settlement to help our client rebuild and move forward.
$325,000 Handicap Ramp Slip and Fall Settlement
Our client slipped on an ice-covered handicap ramp outside their Rochester apartment, suffering severe spinal injuries that required surgery and impacted daily life. Despite anticipated defenses, a $325,000 settlement was secured one month before trial, three months after surgery, ensuring the client received a life-changing sum without out-of-pocket costs or insurance paybacks
$235,000 Ice Slip and Fall Settlement
Our client slipped on ice and fractured ankle requiring surgery. No offers were made prior to litigation and settlement was reached by way of mediation. Full policy tender.
$190,000 Parking Lot Slip and Fall Settlement
After slipping and falling on an icy parking lot and suffering a broken ankle, our client turned to Richmond Vona for help. Attorney Peter Brady and his senior litigation paralegal, Melissa Newhouse, fought to secure a $190K settlement — helping her move forward after a painful injury.
How Long Does a Slip and Fall Claim Take to Settle?
Some slip and fall claims can take as little as two months while others take several years to settle. The amount of time it takes for your case to reach a settlement depends on several different factors, including the extent of your injuries and the losses you’ve incurred.
Can You Sue for Falling in a Parking Lot?
Yes, you can sue for falling in a parking lot if the property owner or other responsible party failed to maintain a safe environment. Property owners are required to address hazardous conditions, such as accumulated ice, cracks in the pavement, or debris. To hold them liable, you must prove they knew or should have known about the dangerous condition and did not take action to fix it. In some cases, a parking lot management company or a municipality may also be held accountable.
Can You Sue the City If You Fall on the Sidewalk?
Yes, you can sue the city if you fall on a sidewalk, but special rules apply. In New York, you must prove the city had prior written notice of the defect or hazardous condition that caused your injury and had sufficient time to fix it. Additionally, you must file a formal claim within 90 days of the accident and a lawsuit within one year. These strict deadlines make it crucial to act quickly and consult an attorney to ensure you meet all legal requirements.
Can Ice and Snow Affect Liability in a Slip and Fall Accident?
Yes, ice and snow can significantly affect liability in a slip and fall accident. Property owners have a legal duty to remove hazardous snow and ice from their premises within a reasonable time. If they fail to do so or improperly dispose of the snow, such as shoveling it into the street, they may be held liable for any injuries caused by slip and fall accidents. Local snow removal laws vary, but property owners and other responsible parties must take necessary precautions to prevent accidents.
When Are Expert Witnesses Used in a Slip and Fall Accident Case?
Expert witnesses are used in slip and fall accident cases when liability involves complex issues such as building codes or municipal codes. For example, if the accident was caused by a structural issue or violation of local safety regulations, experts like engineers, architects, or maintenance professionals may be needed to provide testimony. In most cases, expert witnesses are not necessary for obvious hazards, like a spill that wasn’t cleaned up, but are crucial when technical knowledge is required to establish fault.
Reach Out to a New York Slip and Fall Attorney Today
If you or a loved one has suffered a physical injury because of a property owner’s negligence, you may have the right to collect compensation for your losses. Let our attorneys take the lead in your case. We can handle every part of the claim, from collecting evidence and talking with the insurance companies to demanding proper compensation. Contact us for a free consultation.
