Have You Suffered a Serious Fall in the Bronx?
With world-famous attractions like Yankee Stadium and the Bronx Zoo, busy shopping centers like Bay Plaza and the Hub, and more than 1,700 parks, playgrounds, and recreational areas, the Bronx offers so many reasons for locals to venture outside their homes. But even the most appealing destination can be dangerous when there are hidden defects waiting to trip you up.
Accidental falls are leading sources of injury for New Yorkers of nearly every age. They are the number one cause of injury-related hospitalizations for children 14 and under and adults 25 and over throughout the state, and also the chief cause of injury-related fatalities for New Yorkers over 44 years old. Victims who survive falls can suffer grievous bodily harm, including broken bones, brain and spinal trauma, and paralysis. Even the slightest stumble can knock you down for the count.
But if you have been hurt in a fall on someone else’s property, you might be eligible to recover compensation through a premises liability claim, provided that the fall was the result of the property owner’s negligence. Proving negligence can be challenging, however, so increase your chances of success by reaching out to the Bronx slip-and-fall accident lawyers at The Law Office of Richard M. Kenny, where we have been fighting for wrongfully injured Bronx residents for more than three decades.
To learn whether you can pursue a personal injury claim for your accidental fall, call us at (212) 421-0300 or fill out the form below and schedule a free consultation with a Bronx slip and fall accident attorney.
Do You Have a Valid Slip-and-Fall Accident Case?
Just like any other type of personal injury claim, a slip and fall accident case must contain two essential elements: negligence and damages.
Negligence is the failure of one party to meet the duty to exercise reasonable care to avoid causing another party harm, also known as damages. If you have suffered damages because of a defendant’s negligence, you may be able to pursue the defendant for compensation.
In a premises liability claim for a fall, you are alleging that you were injured because a property owner’s negligence caused you to lose your footing. For such a claim to viable, you will need to show that:
- The property owner owed you a duty of care;
- The property owner breached that duty; and
- That breach directly caused your injuries.
It is not enough simply to assert that a duty of care was breached and you suffered injuries. You must prove that the breach was the direct cause of your injuries, which can be harder to do in a slip-and-fall accident than a car accident, where the causal link between a breached duty of care and any injuries is more obvious.
If you are struggling to obtain compensation after a fall, you may benefit from the assistance of the Bronx slip and fall accident lawyers at our firm, who have decades of experience establishing property owner negligence.
Who Is Owed a Duty of Care in the Bronx?
A premises liability claim for a slip and fall accident needs to establish that a property owner inflicted damages by negligently breaching the duty of care owed to the injured party. But to whom does a Bronx property owner owe a duty of care, and what does that duty entail?
Generally speaking, a property owner’s duty of care in the State of New York extends to people lawfully visiting the owner’s premises. Lawful visitors generally fit into one of two categories:
- Invitees – These are individuals who are on a property for commercial or business purposes, such as a customer trying to shop at a store.
- Licensees – These are people who are on a property for non-commercial or non-business reasons, such as a guest at a party.
Unlawful visitors on New York premises are classified as “trespassers.” While it is illegal to trespass, even trespassers are owed some duty of care by New York property owners, though the degree of that duty may vary based upon their age.
- Adult Trespassers – A trespassing adult is owed a limited duty of care provided that the owner is aware of his or her presence. If the owner knows that a trespasser is on the premises, he or she must warn the trespasser of any man-made dangers, such as an electric fence.
- Child Trespassers – Property owners may be required to provide additional care to trespassing minors, especially if the property has an “attractive nuisance,” which is a hazard that may be especially tempting to a child, such as an unfenced pool. New York courts have consistently held that property owners who do not adequately warn about or remedy attractive nuisances may be found liable.
As you can see, what you are doing on a property when you slip or trip and fall can significantly impact the viability of your case. The Law Office of Richard M. Kenny can evaluate the circumstances leading up to your injury and determine the best cause of action.
Common Causes of Slip and Fall Accidents
There are a number of defective conditions on a property that can make a visitor slip or trip, such as:
- Wet or slippery floors
- Loose floorboards, rugs, or mats
- Carpet bulges
- Damaged or poorly built stairs
- Uneven sidewalks and flooring
- Obscured obstacles
These and other defects could indicate property owner negligence and provide grounds for a slip and fall accident case, whether it happened in a private residence or a public place.
Nevertheless, additional conditions may apply to injuries sustained on government property, and failing to satisfy them could sink your case before it has even begun. Our meticulous Bronx slip and fall accident attorneys will meet all the regulatory requirements necessary to establish a valid claim.
What Our Slip-and-Fall Accident Lawyers Can Do for You
A serious fall can be a catastrophic event. Seemingly overnight, you can find yourself overwhelmed by mounting medical bills and out-of-pocket expenses, possibly while your injuries prevent you from going to work. How will you even make ends meet, much less obtain the compensation you need to get back to normal?
Fortunately, there is hope. If you have suffered a serious fall because of a property owner’s negligence, reach out to the Bronx slip and fall accident lawyers at The Law Office of Richard M. Kenny, who have successfully represented thousands of injured New Yorkers just like you. Some of our firm’s most significant results have been obtained in slip and fall accident cases, including:
- $3 million for a man who stumbled in a parking lot
- $975,000.00 for a woman who slipped on ice
- $775,000.00 for an individual who tripped on broken pavement
If you decide to hire us, we will conduct a comprehensive investigation to identify the causes of your slip-and-fall accident and everyone who may be at fault for it. Our Bronx slip-and-fall accident attorneys have the deep knowledge of all applicable laws and building code regulations necessary to identify breaches of duty that may have inflicted harm. We will also work tirelessly to collect all the evidence to support your case, even taking legal action to prevent its destruction if the situation arises.
Once our firm has put together the strongest case possible against the liable parties, we will negotiate directly with their insurance companies to reach a settlement that takes into account the entirety of your losses, including:
- Medical bills – You could be reimbursed for the cost of related hospitalizations, surgical procedures, prescription medications, assistive devices, and past, present, and future treatments.
- Wage loss – Remuneration may be available for any income you lost after the fall because you were unable to work, as well as for any detriment to your long-term earning capacity secondary to permanent impairment.
- Pain and suffering – Physical discomfort, psychological and emotional trauma, and other non-economic diminishments to your daily life may be considered.
- Loss of consortium – Your spouse could be eligible to make a claim for deprivation of the benefits of an intimate marital relationship because of your fall-related injuries.
- Punitive damages – New York courts sometimes levy additional penalties against defendants who displayed “willful or wanton negligence” or a “high degree of moral turpitude” in order to discourage similar misconduct from others.
And if we do not receive an offer that reflects the true worth of your case, we are more than willing to go before a judge or jury to secure a verdict that does, unlike many of our competitors, who rarely, if ever, see the inside of a courtroom. Our seasoned personal injury lawyers have fought for clients in hundreds of trials throughout the Bronx, Brooklyn, Manhattan, and Queens.
If you are concerned about spending more money at a time when you may least be able to afford it, you may be pleased to learn that it will cost you nothing up front to hire us because we work on a contingency fee basis. Only when our Bronx slip and fall accident attorneys favorably resolve your case will we take reimbursement for our expenses and a fee for our services, typically as a percentage of your verdict or settlement.
You never expected to get knocked down this badly, but The Law Office of Richard M. Kenny will do whatever it takes to get you back on your feet again.
Bronx Slip and Fall Accident Lawyers Getting You Justice
With more than $350 million recovered in verdicts and settlements and more than 100 years of combined experience, the Bronx slip-and-fall accident lawyers at The Law Office of Richard M. Kenny are ready to get justice for you and your family.
Schedule a free case review with an accomplished slip and fall accident attorney by calling (212) 421-0300 and filling out the form below.