Slip & Fall Injury Accident Lawyer
Accidental falls are among the main sources of injury for nearly every age group in New York. They are the leading cause of injury hospitalizations statewide among children under the age of 15 and adults over the age of 24, as well as the leading cause of injury-related deaths for New York residents ages 45 and older.
Even non-fatal falls can be devastating, resulting in fractures, brain damage, and paralysis, all of which can necessitate extensive medical treatment at great expense, possibly at a time when you may be physically unable to work. No matter who you are, one wrong step can be all it takes to put you and your family on the brink of disaster.
While some falls are entirely the fault of the accident victim’s carelessness or clumsiness, many tumbles can be directly attributed to the negligence of another party. When a property owner in New York knows about conditions on a premises that could cause a guest or customer to slip or trip but does not take any reasonable precaution to prevent such an accident, he or she can be financially liable for the ensuing injuries.
But while you may be able to recover compensation for your injuries if your fall was the result of a property owner’s negligence, proving that negligence can be challenging, especially in accidents on municipal property, where you may have far less time to act.
To help overcome these challenges, consider doing what so many others have done before you and reach out to the New York slip-and-fall accident lawyers at The Law Office of Richard M. Kenny. Our firm has been fighting for the rights of injured New Yorkers for more than three decades.
To learn whether or not you have grounds to file a premises liability claim, call us at (212) 421-0300 or fill out the form below for a free case evaluation with a New York City personal injury attorney.
Do You Have a Valid Slip-and-Fall Case?
Like any type of personal injury claim, a slip-and-fall case must include both “negligence” and “damages.”
Negligence occurs when someone fails to meet a duty to exercise reasonable care to avoid harming others. If this negligence results in injury (also known as damages), the injured party may be eligible to pursue a claim for compensation.
For a claim to be successful, the plaintiff must prove that:
- A duty of care existed;
- That duty of care was breached; and
- This breach caused injury.
It is not enough simply to assert that a duty of care was breached and the plaintiff suffered an injury. The plaintiff must prove that the breach was the direct cause of the injury. This can be harder to do in a slip-and-fall than in a situation like a car accident, where the causal link between a breached duty of care and the subsequent damages may be more obvious.
What exactly constitutes a property owner’s duty of care in New York? And to whom does he or she owe this duty?
A New York property owner’s duty of care typically extends to those who are lawfully visiting his or her premises. Lawful visitors generally fit into one of two categories:
- Invitees: These are individuals who are on the premises for commercial or business reasons, such as a customer attempting to purchase goods at a store.
- Licensees: These include people going to a property for non-commercial or non-business reasons, such as a guest at a housewarming party.
Those who are not visiting a premises lawfully are classified as “trespassers.” However, even trespassers may be owed a limited duty of care in New York. The degree of the duty owed may be influenced by the age of the trespasser.
- Adult Trespassers: A property owner typically needs to know that a trespassing adult is present for a duty of care to apply. If this is the case, the owner needs to warn the trespasser of any man-made danger present, such as a high-voltage electric fence.
- Child Trespassers: Property owners may need to provide additional care to minors trespassing on their premises. This is particularly true if the property contains an “attractive nuisance,” a term used to describe a hazardous element that may be tempting to a child. New York courts have consistently upheld the duty of property owners to provide adequate warning about attractive nuisances or eliminate them entirely.
As you can see, a variety of factors may determine whether or not you have cause for legal action if you have hurt yourself by falling on someone else’s property. Fortunately, the slip-and-fall accident attorneys at The Law Office of Richard M. Kenny have more than a century of combined experience pursuing negligent property owners on behalf of their victims. We can evaluate the facts leading up to your accident and advise of your potential remedies under New York law.
What Causes Slip-and-Fall Accidents in New York?
A person can fall for practically any reason imaginable. Nevertheless, there are a number of conditions that can increase the likelihood of a slip-and-fall or trip-and-fall accident, such as:
- Wet or slippery floors
- Bulging carpets
- Loose floorboards, mats, or rugs
- Damaged or improperly constructed stairs
- Uneven flooring or sidewalks
- Holes in the ground
- Hidden obstacles in walkways
Any of these defects may be a sign of negligence on the part of a property owner and could form a legitimate basis for a personal injury claim. This may be true regardless of the type of premises on which the fall took place because the reality is that slip-and-fall accidents can occur virtually anywhere in New York: shopping at a grocery store, eating in a restaurant, or walking on the deck of a ferry.
New Yorkers may suffer compensable falls in private residences, public spaces, or some combination of both. The Big Apple Pothole and Sidewalk Protection Committee has cataloged more than 700,000 sidewalk defects that pose tripping risks in New York City, with cracked sidewalks being especially hazardous. Any number of parties may be financially liable for an injury on a damaged sidewalk, including the city itself or the owner of an adjoining property.
Moreover, unexpected falls can happen during leisure activities or while you are on the job, especially in dangerous professions such as construction. The New York City Department of Buildings reports that worker falls are the most common construction accidents citywide, accounting for more than 46 percent of all construction injuries in 2021.
Wherever, or whenever, your accident arose, if someone else is at fault, we want to help you get the compensation you deserve. Call our New York slip-and-fall accident lawyers at (866) 886-0892 or fill out our free case evaluation form to learn what you can expect if you decide to pursue a personal injury case.
Slip-and-Falls Can Cause Life-Changing Injuries
While many slip-and-fall accident victims walk away with nothing worse than minor bruises, others may suffer life-changing injuries. Broken bones are especially common, particularly among the elderly, who are highly vulnerable to hip fractures, over 95 percent of which are caused by falls.
Other slip-and-fall accidents can result in serious spinal conditions, including paraplegia and quadriplegia. In fact, the Centers for Disease Control and Prevention (CDC) reports that falls are the cause of more than one out of every five spine injuries. The CDC also finds that 35.2 percent of all new cases of traumatic brain injury annually are attributable to falls.
These types of injuries may require costly medical interventions, such as surgery and extensive physical therapy, all of which may stretch a family’s pocketbook to the breaking point.
How Our New York Slip-and-Fall Lawyers Can Help
But if you have suffered a serious injury in a fall caused by somebody else’s negligence, The Law Office of Richard M. Kenny can make sure that you won’t be the one stuck with the bill. We have obtained significant outcomes on behalf of numerous slip-and-fall accident clients, including:
- $3 Million for a man who tripped in a parking lot
- $975,000.00 for a woman who slipped on ice
- $775,000.00 for an individual who stumbled on broken pavement
Once you retain our firm, our accomplished New York slip-and-fall lawyers will launch an immediate investigation to identify the causes of your accident and everyone who may be responsible. A slip-and-fall accident case requires comprehensive knowledge of the applicable law and building code regulations to prove that a breach of the duty of care caused harm. We know how to get the evidence needed to support your case and will preserve this evidence legally from any defendants trying to remedy defective conditions before they can be documented.
Most importantly, we will do so within the time permitted by law, known as the Statute of Limitations. The Statute is typically three years from the date of injury in most New York slip-and-fall cases, but the window can be far shorter when someone is hurt on government or municipal property. Failure to file suit or otherwise resolve a claim before the Statute runs could forever bar you from getting fully compensated.
Once our film has assembled the strongest case possible, we will work tirelessly to reach a fair settlement with the defendants and their insurance companies. And unlike many of our competitors, who rarely, if ever, see the inside of a courtroom, we are more than willing to take this matter before a judge or jury if we do not receive a reasonable offer. Our battle-tested attorneys have fought for clients in hundreds of trials throughout Manhattan, Brooklyn, Queens, and the Bronx.
If you are concerned about additional expenditures at a time when you may least be able to afford them, you should be aware that it will cost you nothing up front to hire us because we work on a contingency fee basis. Only when our slip-and-fall accident attorneys bring your case to a favorable resolution will we take reimbursement for our out-of-pocket expenses and a fee for our services, usually as a percentage of your verdict or settlement.
You didn’t choose what happened to you, but you can choose the right firm to get you back on the path to recovery: The Law Office of Richard M. Kenny.
What Compensation Is Available in a Slip-and-Fall Accident?
We will always strive to get you compensated for the totality of your losses, including:
- Medical bills – The cost of hospitalization, surgery, prescription drugs, therapy, assistive devices, and past, present, and future treatment could be reimbursed.
- Wage Loss – Any wages you may have lost because your injuries kept you home from work might be recoverable. You might also seek remuneration if permanent impairment hinders your long-term earning potential.
- Pain and suffering – Physical discomfort, emotional and psychological anguish, and other non-economic diminishments to your daily life could be taken into consideration.
- Loss of consortium – Your spouse could make a financial claim for any deprivation of the benefits of an intimate marital relationship because of your injuries.
- Punitive damages – In order to discourage similar misconduct, New York courts sometimes permit additional penalties when a defendant displays “willful or wanton negligence” or a “high degree of moral turpitude.”
Every slip-and-fall accident is different, but our firm will do everything possible to maximize the value of your case.
Contact Us For A Free Case Review
Getting You Back on Your Feet Again
You may have suffered a terrible fall through no fault of your own, but you can trust The Law Office of Richard M. Kenny to get you back on your feet again.
With over $350 million recovered in verdicts and settlements, our practice is committed to aggressive advocacy for the injured. We will stop at nothing to remove the obstacles standing between you and justice. Please call us at (212) 421-0300 and fill out the form below to learn how our New York slip-and-fall accident lawyers can protect your legal rights.