An accidental slip and fall on ice-covered surfaces can lead to serious injuries. Before consulting a slip-and-fall lawyer in New York, it’s important to determine whether you have a case. The legal team at Elliot Ifraimoff & Associates, PC is here to explain the basics of premises liability cases, who’s responsible for slip-and-fall injuries, and the types of damages victims may pursue.
Exploring the Dangers of Slip-and-Fall Accidents
According to the National Safety Council, 8.5 million people end up in the emergency room for fall-related injuries, including:
- Bone fractures
- Traumatic head injuries
- Lacerations
- Soft tissue injuries
Some incidents lead to long-term disability or even death, with older individuals facing the highest risk. The CDC reports that in 2019, falls among seniors were responsible for 83% of hip fracture fatalities. Non-fatal injuries can have a lasting impact on victims.
After slipping and falling on a hazardous surface, you could incur various medical bills to treat your injury. You may be unable to work due to your condition and face a reduced earning capacity. Some people even experience PTSD symptoms, which can significantly impact their quality of life.
Are Property Owners Liable for Slip-and-Fall Injuries?
If you become hurt after you slip and fall on ice, you might be wondering whether you can hold the property owner responsible. New York slip-and-fall claims are dependent on four key components:
- Duty of care: It’s the property owner’s responsibility to take reasonable steps to keep their property safe for visitors.
- Breach of duty: Ignoring their duty of care or taking adverse actions to affect others’ safety would be considered a breach of duty.
- Causation: The owner’s breach of duty is the direct cause of your accident.
- Damages: Victims must sustain measurable damages, such as physical injuries or personal property damage.
For example, the property owner may be liable if they don’t clear or mitigate icy surfaces, and you end up slipping and fracturing your wrist in a fall. Liability could change if the owner puts signage around their property indicating icy surfaces and hazardous conditions. If you ignore these signs and injure yourself, you may not have a strong premises liability case.
How To Determine Liability in a Slip-and-Fall Case
Property owners aren’t automatically liable for slip-and-fall injuries. To establish liability, you’ll need to gather evidence supporting your claim. This may include:
- Witness statements
- Photos of the accident scene
- Surveillance footage
- Photos of the injury
- Medical records
Let’s use one example to highlight the importance of this evidence. Say you’re walking up to a storefront when you slip on a patch of ice just in front of the business. You fall backward and hit your head on the pavement, and decide to take legal action against the store’s owner.
Speaking with witnesses is essential. They could attest to your injuries and the hazardous conditions in front of the store. Photos from the site may showcase the icy conditions and lack of safety precautions.
If the business has a security camera monitoring the storefront, lawyers and insurance companies could review footage of the accident. Finally, your medical records can determine whether the injury stems from your fall rather than a pre-existing condition. If a doctor diagnoses you with a concussion after hitting your head by the storefront, it adds credibility to your claim.
Review Your Damages With a Slip-and-Fall Lawyer in New York
Winter weather accidents can become quite costly for victims. After a slip and fall on ice, you may sustain serious injuries requiring urgent medical care. Hospitalizations, physical therapy, and prescription costs can pile up, depending on the scope of your injury.
Slips, trips, and falls account for 20% of work-related injuries, according to the National Safety Council. Injured employees miss an average of 14 days of work to recover. If your injury prevents you from working, the lost income can also take a toll on your finances.
What if you fall backward with your phone in your back pocket? The impact could smash the device and force you to spend money replacing it. All of these expenses come into account when filing a premises liability claim.
Depending on your case’s unique circumstances, you could potentially claim the following damages:
- Medical expenses
- Property damage
- Lost wages
- Emotional distress
Work with an experienced personal injury lawyer to calculate your damages. They can advocate on your behalf and negotiate with the property owner’s insurance company. Financial compensation is never certain, but attorneys assess different ways to resolve the case for their clients.
Consult a Slip-and-Fall Attorney in New York About Your Options
When you need a slip-and-fall attorney in New York, turn to Elliot Ifraimoff & Associates, PC. Our legal team has years of experience practicing personal injury law and can review premises liability after a slip and fall on ice. Despite the complexities of proving negligence in slip-and-fall cases, we’re committed to guiding our clients through the process and offering legal support.
If you’re interested in taking legal action against a negligent property owner, don’t hesitate to reach out to us. Submit our online contact form or call (718) 205-1010 to schedule a consultation.
Frequently Asked Questions
Do you still have unanswered questions? Learn more about slip-and-fall cases below.
What Evidence Does a New York Slip-and-Fall Accident Lawyer Review?
Potential pieces of evidence that a New York slip-and-fall accident lawyer may gather include photos from the scene, witness statements, and available surveillance footage.
How Does New York’s Comparative Negligence Law Impact Accident Claims?
Plaintiffs who are partially at fault in an accident may have their settlement compensation reduced by their percentage of fault. For example, someone deemed 30% at fault would miss out on 30% of a potential settlement.
How Soon After a Fall Can You File a Premises Liability Claim?
You could potentially pursue a claim as soon as you receive medical treatment for your injuries. There is a three-year statute of limitations for premises liability cases, though you may face a shorter deadline if you sue a government entity for a slip and fall on ice.