The law in New York is well settled that a property owner has a non-delegable duty to keep its premises in a reasonably safe condition to prevent harm to the public. All too many times this duty is breached and someone ends up getting seriously hurt because of an unsafe condition inside or outside a building.
A trip and fall on New York’s sidewalks and streets can cause devastating injuries. In addition to physical injuries that leave you bedridden and unable to work, after a slip and fall accident there is usually no third-party source to cover your immediate medical expenses or to hold you harmless from lost time at work. This is what makes it crucial that you work with an attorney who will fight aggressively for financial recovery, bringing claims for damages to compensate you for all your losses, including pain and suffering. In short, we understand it’s important as your lawyer to make sure that the initial injury isn’t made much worse as a result of the slow turning of the wheels of justice.
Common Causes of Slip and Fall Accidents in New York City
Slip and fall accidents are among the most common types of personal injury cases in New York City, often resulting from hazardous conditions that could have been avoided with proper care and maintenance. Some of the most frequent causes of these accidents in the city include:
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Wet or Slippery Floors: In busy places like stores, restaurants, and subway stations, spills or recently mopped floors can create a slipping hazard if not properly marked with warning signs.
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Uneven Sidewalks and Pavement: New York City’s sidewalks can sometimes be a minefield of cracked, uneven, or broken pavement, creating a serious risk for pedestrians.
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Snow and Ice Accumulation: During winter months, property owners and businesses are required to clear snow and ice from sidewalks and walkways. Failure to do so can lead to dangerous slip and fall conditions.
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Loose or Torn Carpeting: Inside buildings, worn-out or poorly installed carpets and rugs can cause someone to trip and fall, especially in high-traffic areas like apartment buildings or office lobbies.
Common Injuries Sustained by the Victims of Slip and Fall Accidents
Slip and fall accidents may seem minor at first, but they can result in serious and life-altering injuries. Victims often suffer from a range of physical harm, some of which require long-term medical care and rehabilitation. Here are some of the most common injuries caused by slip and fall accidents:
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Fractures and Broken Bones: Falls can easily result in broken bones, especially in the wrists, arms, ankles, or hips. Elderly individuals are particularly vulnerable to hip fractures, which can require surgery and lengthy recovery periods.
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Head and Brain Injuries: When someone falls and hits their head, it can lead to concussions or even traumatic brain injuries (TBI). These injuries can cause long-lasting cognitive impairments, memory issues, or emotional disturbances.
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Back and Spinal Cord Injuries: A sudden fall can result in damage to the spine, potentially causing herniated discs, fractured vertebrae, or even paralysis in severe cases. Back injuries are often painful and may limit mobility, requiring significant treatment.
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Sprains and Strains: Soft tissue injuries such as sprained ankles or wrists, as well as strained muscles, are common in slip and fall accidents. While they may seem less severe, they can still cause significant discomfort and restrict movement for weeks.
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Cuts and Bruises: Victims may sustain lacerations or deep bruises from hitting sharp objects, glass, or rough surfaces during a fall. While these injuries might not be life-threatening, they can still be painful and may require medical attention.
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Shoulder Injuries: Victims often try to break their fall by stretching out their arms, which can lead to dislocated shoulders or torn ligaments and tendons, such as in rotator cuff injuries.
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Knee Damage: The twisting motion involved in a fall can cause serious injuries to the knee, such as torn ligaments, cartilage damage, or even fractures. These types of injuries often require surgery and extensive rehabilitation.
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Internal Injuries: In more severe falls, victims may suffer internal bleeding or organ damage, which might not be immediately apparent but can be life-threatening if left untreated.
Statute of Limitations for New York Slip and Fall Injury Claims
If you’ve been injured in a slip and fall accident in New York, it’s important to be aware of the statute of limitations—the legal deadline for filing a personal injury lawsuit. In New York, the statute of limitations for most slip and fall injury claims is three years from the date of the accident. This means you have three years to initiate legal action to recover damages for your injuries.
However, there are certain situations where the statute of limitations may differ:
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Claims Against Government Entities: If your slip and fall accident occurred on public property, such as a sidewalk, park, or government building, the statute of limitations is much shorter. In these cases, you must file a notice of claim within 90 days of the accident, and then you have one year and 90 days to file the lawsuit.
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Minors and Incapacitated Individuals: If the victim of the slip and fall accident is a minor or legally incapacitated, the statute of limitations may be extended. For minors, the clock typically starts once the individual turns 18.
If you miss the statute of limitations, you will likely lose your right to pursue a lawsuit and recover compensation for your injuries. It’s crucial to consult with an attorney as soon as possible to ensure that your case is filed on time.
What Kind of Slip & Fall Accidents Does The Case Handler Take?
There are countless reasons for slip and fall accidents, from inadequate maintenance of sidewalks and stairwells, faulty design of ramps or handrails, to the presence of slippery substances, snow or ice, or debris underfoot. But whatever the cause of your accident may be, we are committed do whatever we can to help you recover all the damages you’re entitled to receive. Accidents are bound to happen and when they do, don’t make a mistake by hiring an injury lawyer who doesn’t have the right experience, reputation, and passion for justice. Call Adam Handler — The Case Handler — for a consultation today.