the law office of dennis p. ryan

PREMISES LIABILITY in New York: understanding SLIP AND FALL ACCIDENTS

A trip and fall claim involves a personal injury lawsuit against a property or business owner who fails to keep their property safe for visitors. In order to win your trip and fall case, you need to be able to prove that the defendants caused the unsafe condition or that the unsafe condition was there long enough for them to fix it. It is important to speak with a lawyer who knows how to win these cases and who will move quickly to investigate your claim.

At the Law Office of Dennis P. Ryan, our premises liability and personal injury attorneys in New York and New Jersey will investigate your case and help you obtain full and fair compensation. Property owners have a duty to maintain their premises and keep them safe. When they fail to do so, we make sure they are held accountable. Contact us at (212) 441-4352 to schedule a Free Consultation.

What Constitutes Trip/Slip and Fall Cases in New York?

A tri/slip and fall case happens when a person injures himself or herself due to a dangerous condition on the premises. While it often involves tripping and falling, it is by no means restricted to that narrow scenario. Examples of trip and fall cases include:

  • Tripping on a hidden obstacle

  • Sliding on an icy parking lot or sidewalk

  • Falling due to poorly lit areas

  • Falling into a hidden sinkhole

  • Falling through a weak floor or step

To have a trip and fall case, you must be able to prove, at a minimum, that:

  1. Duty of care. The property owner or manager owes a duty to inspect the premises and address any hazardous or dangerous conditions. This duty varies depending on the jurisdiction and whether it is a commercial property that allows invitees (e.g. shoppers) or a homeowner who invites licensees (e.g., friends and family) onto the property. 

  2. Hazardous condition. A hazard or an otherwise dangerous condition existed on the property. 

  3. Knowledge. The property owner or manager had previous knowledge or notice of the hazardous condition.

  4. Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering). In some jurisdictions, depending on the facts and circumstances, punitive damages may be sought to punish the wrongdoer and to prevent similar behavior in the future. 

These elements of a trip and fall case may seem straightforward, but they can become complex. The standard of proof is a preponderance of the evidence, meaning you must show that more likely than not, the property or business owner was responsible and, thus, is financially liable.

Common Causes of Trip and Fall Accidents in New York

To have a trip and fall case where you can obtain compensation for your injuries, an unsafe or hazardous situation must have existed. Common situations include but are not limited to:

  • Wet floors or bad flooring  

  • Poorly lit areas or unmarked step-offs

  • Poorly maintained sidewalks

  • Unsafe stairs, broken or missing handrails

  • Poorly operating escalators or poorly maintained elevators

  • Boxes or other items poorly placed or left in the path of foot traffic

  • Mishandled or mislabeled liquids, food, or chemicals (can cause burns)

  • No warning or hazard signs

These situations are merely examples. Conditions creating a trip and fall accident can materialize in many different ways.

Common Injuries Sustained in New York Trip and Fall Situations

Trip and fall-related injuries vary greatly.  Many of these cases involve injuries, like:

  • Broken bones or multiple fractures

  • Bruises, sprains, strains, or soft tissue damage

  • Bone or joint dislocation

  • Ruptured or herniated disks

  • Cuts, lacerations

  • Neck and back injuries

  • Head injuries

An injured person's existing health condition may also impact the severity of the injury. Elderly and frail victims of trips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.

Who Can Be Held Liable in New York for Trip and Fall Accidents?

Trip and fall victims can hold a variety of people liable for an accident, including:

  • The business owner

  • The manager of the business

  • The property owner

  • A company that has been hired to maintain the premises

Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.

Three Reasons to Hire a Trip and Fall Lawyer in New York?

Trip and fall cases are difficult cases because fault is not always clear. So, when you accuse someone else––whether that's a property owner, homeowner, or business owner––for failing to maintain safe premises, they and their insurance companies are not likely to sit by and let the accusation go without fighting it. With that said, here are three reasons why you need a personal injury lawyer to represent you in a slip and fall accident.

  1. A personal injury lawyer will investigate the trip and fall accident to establish fault. Finding and proving fault is critical in any slip and fall case. Investigating the accident will involve an assessment of the accident location, reviewing any video, speaking to eye witnesses, retaining the services of experts, among other things.

  2. A personal injury lawyer will prove damages caused by the trip and fall accident. After a thorough investigation, your lawyer will put the pieces of the puzzle together to prove all the damages you seek. They will do this by painstakingly linking the cause of the accident to your injury and then provide supporting documentation linking the injury to all your losses. The damages you seek will be depending in part on the nature and extent of your injuries caused by the slip and fall accident.

  3. A personal injury lawyer will represent you fully and throughout the course of your case until a settlement is reached or trial has concluded and a verdict awarded. You will not have to deal with the other parties, with the claim, with deadlines, with figuring out the actual value of your case, among other things. Your lawyer will do all of that for you. Mostly, what you will have to do is worry about your own physical, emotional, and mental recovery. 

Contact a Trip and Fall Personal Injury Lawyer in New York Today

At the Law Office of Dennis P. Ryan, our trip and fall accident attorney has the resources and skill to competently represent you. Upholding your rights and obtaining fair and full compensation is what we do. To find out if you have a viable trip and fall injury case or to simply learn more about your legal options, contact us at (212) 441-4352 or fill out our online form to schedule a Free Consultation.

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recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.