- Nearly 319,000 older adults are hospitalized for hip fractures every year in the U.S., and the CDC reports that falls cause 88% of hip fracture emergency room visits and hospitalizations.
- Hip fractures often mean surgery and a long road of rehabilitation — proving liability means showing the property owner created, knew about, or should have discovered the hazard.
- New York generally gives injured people three years to file, but claims against the City can require a Notice of Claim within just 90 days — speak with a personal injury lawyer as soon as possible.
One of the most common injuries sustained in slip and fall accidents is hip fractures. In fact, the CDC reports that nearly 319,000 older adults are hospitalized for hip fractures each year, and that falls cause 88% of hip fracture emergency room visits and hospitalizations. As you can imagine, these injuries are extraordinarily painful and, in many cases, cause long-term or even permanent mobility issues in those who sustain them. That being said, depending on the circumstances of your slip and fall accident, if you’ve sustained a hip fracture or another injury, you may qualify for compensation. Our firm has years of experience fighting for victims of unsafe property conditions in New York City, and we stand ready to put that experience to work for you. Contact a knowledgeable and experienced Manhattan injury lawyer from The Law Offices of Richard M. Kenny to learn more. Here are some of the questions you may have:
When Is a Property Owner Responsible for a Slip and Fall?
Property owners and businesses throughout New York are generally responsible for keeping their property reasonably safe for the people who use it. However, the fact that you fell on someone else’s property does not, by itself, mean that the owner is automatically liable for your injuries. Typically, you will have to prove that the property owner:
- Created the dangerous condition
- Actually knew that the condition existed
- Should have discovered the condition through reasonable inspections
- Failed to repair the hazard or provide an adequate warning
Some examples of property conditions that may cause a serious fall include wet restaurant floors, loose handrails, broken stairs, uneven flooring, poor lighting, uncleared snow or ice, and cracked or raised sidewalks. A hip fracture is just one of several serious fractures victims can sustain in a fall, but it’s among the most disruptive given how central hip mobility is to daily life.
Injury claims are far from unheard of in New York City. In fact, the New York City Comptroller reported that the City resolved 13,227 claims and lawsuits for $1.45 billion during fiscal year 2023.
What Compensation May Be Available for a Fractured Hip?
Hip fractures are serious injuries, especially when they require surgery or prevent someone from returning to his or her normal daily routine. Though some people eventually regain most of their mobility, others may continue dealing with pain, weakness, limited movement, and the loss of their independence for years to come. Manhattan hip fracture patients requiring surgical treatment are often referred to a facility like Hospital for Special Surgery, ranked No. 1 in orthopedics by U.S. News & World Report, at 535 East 70th Street, New York, NY 10021, and those treatment records can become important evidence of the injury’s severity. Depending on the circumstances, compensation may be available for the following:
- Past and future medical bills
- Lost wages
- Reduced future earning capacity
- Physical pain and emotional suffering
- Rehabilitation or in-home assistance
- Loss of enjoyment of life
- Other accident-related financial losses
How Long Do I Have to File a Manhattan Slip and Fall Lawsuit?
Under CPLR § 214, most slip-and-fall lawsuits in New York must be filed within three years of the date of the accident.
That being said, significantly shorter deadlines may apply if New York City or another public entity is responsible. New York General Municipal Law § 50-e generally requires an injured person to serve a Notice of Claim within 90 days, while § 50-i generally provides one year and 90 days to commence a qualifying municipal lawsuit.
These deadlines can pass while you are still receiving treatment. Therefore, if you sustained a hip fracture in a Manhattan slip and fall accident, you should consider speaking with a personal injury lawyer as soon as possible.
If you have any further questions or believe you may have a valid case, please don’t hesitate to contact The Law Offices of Richard M. Kenny for a free initial consultation today so we can discuss your case and begin fighting for the compensation you deserve and need to heal.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with our Manhattan slip and fall lawyers. You may be entitled to financial compensation, which can help you on your road to recovery.
