Slip and fall or trip and fall accidents can result in serious injuries as well as severe physical and financial consequences for the victims. However, if you or someone you know has been injured by slipping and falling on property owned by someone else in Bronx, NY, you may be eligible to seek financial compensation for your damages. The New York law states that the owner of the property or an entity who has control of the property (for example, a tenant) may be held legally responsible for your injuries if:
- They caused a hazardous situation that led to your injuries
- They knew about the hazardous situation but didn’t fix it
In other words, the owners and tenants in Bronx, NY must inspect their property on a regular basis to keep it safe for others. Failure to do so can result in legal consequences for them. If you slipped on a wet surface, poorly built/maintained stairs, improperly lit driveway, or in any other condition, and were injured in the process, you should discuss the incident with an experienced Bronx personal injury lawyer. It is absolutely critical that you fully understand your rights before giving any statement to an insurance company representative. You should also be aware of the issues that may arise in the process and lower your chances of getting financial compensation for your accident. A well-experienced personal injury attorney will make sure your rights are protected and you receive maximum settlement for your injuries. The one thing we always recommend is: do not make any assumptions. For example, if you were hurt in a slip-and-fall accident at work, you may be eligible for damages above and beyond the benefits offered by Workers’ Compensation insurance. It’s best to discuss your case with a reliable lawyer. At Rosenberg, Minc, Falkoff& Wolff law, we have been representing injured workers and residents across the entire New York state since 1922. Call us for a free evaluation of your case. We are focused on getting you a fair compensation for your lost wages and medical bills as a result of your slip-and-fall accident. Also, we don’t charge a cent until you get paid. If you don’t win we don’t win.
How to successfully establish a slip-and-fall claim to get maximum damages in Bronx, NY?
If you are hurt as a result of a slip-and-fall accident, there is a good chance you may receive compensation for all of your injuries, such as:
- Lost wages
- Medical expenses
- Loss of use of a body part (temporary or permanent)
- Loss of your ability to engage in normal day-to-day life activities
- Pain and suffering.
However, in order to be able to successfully receive compensation to cover all your injuries, you will need to establish the following factors:
- That the property owner or occupier was required to adhere to a specific code of conduct or care
- They failed to conform and complete that duty
- Their failure led to your injuries
- And finally, that you were actually injured
Even if it may look like you can easily prove the above four conditions, it doesn’t mean you will be able to successfully recover the compensation. There are a lot of unpredictable factors in slip-and-fall accident cases. Recovery of damages is not an easy feat in personal injury cases and it could only get worse if you try to handle it on your own. A resourceful and tenacious Bronx personal injury lawyer is essential in order to effectively negotiate with the insurance company on your behalf.
Common hazards that cause slip-and-fall injuries in Bronx, NY
Generally speaking, the slip and fall or trip and fall injuries are divided into two broader categories – indoor and outdoor.
Indoor hazards
If it is proved that owner or occupier of the property was negligent, they may be held liable for your injuries. However, the mere fact that the floor surface is made of marble, tile, or any other slippery material, may not – in and itself – establish negligence. #Note: There are extreme situations when accidents keep happening on a property’s floor, in which case the owner/occupier may be charged with notice of a repetitive hazardous condition. Failure to take steps to prevent recurring accidents may be counted as negligence. Here are some conditions that may allow the Bronx Laws to hold the property owner/occupier legally liable for injuries in a slip-and-fall accident:
Owner/occupier of the property fails to warn about the hazards
In situations when a floor is being polished, cleaned, waxed, or is wet, owner must put adequate signs or warnings about it. Failure to do so will make them responsible for any slip-and-fall accidents.
Failure to deny access or restrict access to a region on the property where a dangerous/unsafe condition exists
This would include, for example, a failure to cordon off an aisle or a hallway where water has accumulated.
Cleaning in a manner/at a time that is likely to increase the odds of accidents
This would include, for example, using excessive water and/or soap, mopping when foot traffic is particularly heavy.
Failure to clean up spills
Even though spillage of liquid and food items in a store is a common occurrence, employees and managers are often careless in cleaning up the mess immediately. And it is evident because hundreds of shoppers are injured annually in Bronx alone because the cleaning staff fails to notice squished grapes or broken juice bottles on the floor.
Failure to inspect the property appropriately
In grocery stores and supermarkets, where fruits and vegetable are sold loose and liquids are also sold, children and careless customers drop and spill stuff frequently. It is the responsibility of the store owner, store manager, as well as their employees to inspect the store to find and eliminate any unsafe conditions for patrons.
Refusal to keep the property in a safe condition
In our over 96 years of experience, we have seen cases where the property owner clearly knew or should have known about the unsafe condition but failed or outright refused to fix the situation. There are a lot of parts on a property that may need repairing like carpets, tiles, floorboards, sidewalks, stairs, display racks, parking lots, handrails, etc. And if the property owner chooses to save bucks by doing a “temporary” repair, and someone gets injured due to that, the owner can be held liable for damages.
Outdoor hazards
In many cases, the slip/trip and fall accidents occur in parking lots, driveways, sidewalks, or on exterior steps. Here are a few ways people can get injured outdoors:
- Tripping on uneven surfaces, parking blocks, or on cracks in the sidewalk
- Slipping on icy or wet stairway, icy or snowy patch in a parking lot or on a sidewalk
- Tripping in poorly lit areas where people are unable to see the uneven surface, a curb, or a hole
If any of the above reasons (or any other) caused you to slip/trip and fall, the first thing to do is determine who was responsible for the poor state of the property that ultimately led to your accident. For example, suppose that a landowner failed to clean the icy parking lot in a timely manner and that caused you to slip and injure yourself. In this case, the landowner or a third party hired by the landowner to perform ice and snow removal services may be held legally responsible for your injuries. On the other hand, a store owner –who doesn’t own the parking lot – may not be held liable for your injuries since they don’t own the parking space and thus, are not responsible for its maintenance.
Causes of slip, trip, and fall accidents at workplaces in Bronx, NY
According to recent statistics, most falls in the workplace occur on the same level due to slips and trips incidents. Only a very small number of falls occur from a height.
Slips
When there is very little or no friction/traction between the walking surface and the footwear, the person may slip and fall. Here are some very common causes of slips:
- Oily or wet surfaces
- Weather hazards
- Occasional spills
- Loose, unsteady floor mats or rugs
Trips
When your feet collide with an object, it may cause you to lose your balance and fall. Some of the most common causes of tripping at the workplace are:
- Uneven walking surfaces
- Poorly lit areas
- Obstructed view
- Uncovered cables/wires
- Wrinkled carpets
- Cluttered floors
- Unclosed bottom drawers
Falls
Here are some of the common causes of falls at the workplace:
- Obstructed view due to carrying of objects
- Unorganized systems of work. For example, climbing up or down the stairs while carrying objects, using chairs or ladders to access high storage areas, etc.
- Uneven floor surface
- No fall protection when loading docks or mezzanine storage
- Insufficient access to storage racks
- Dimly lit and poorly maintained stairwells
How to prevent slip, trip, and fall accidents?
As we mentioned earlier, these kinds of accidents occur from unexpected change in contact between the walking surface and your feet. This means factors like proper pace of walking, good quality footwear, good quality of flooring, and good housekeeping can go a long way in preventing fall accidents.
Housekeeping
Many people underestimate the value of good housekeeping; it is one of the most effective ways to prevent slips and trips. A good housekeeping practice includes:
- Sweeping or cleaning debris from floors
- Marking and cleaning all spills immediately
- Removing clutter from walkways and always keeping walkways free of obstacles
- Replacing faulty switches and used light bulbs
- Keeping walkways and working areas well lit
- Covering cables and wires that cross walkways
- Always closing storage drawers and file cabinets
- Securing mats, rugs, and carpets so they always lay flat
It is important to remember that even the most expensive footwear and highly sophisticated flooring may not do much if the housekeeping practices are not appropriate.
Walking surfaces or flooring
If a lot of people slip and trip on a particular floor on a regular basis, it may be time to change or modify that walking surface for good. In order to improve safety and reduce the risk of falling, the landowner may consider:
- Replacing or recoating floors
- Synthetic or metal decking
- Installing pressure-sensitive abrasive strips, or mats
- Coating the floors with abrasive-filled paint
But remember, high-tech flooring, in and itself, may not be very effective against bad housekeeping practices.
Quality footwear
If you work somewhere where the floors are frequently oily or wet, or you have to spend a lot of time outdoors, choosing proper footwear is your best bet of preventing fall accidents. A pair of well-made shoes that fit your feel well not only increase the comfort but they also prevent foot fatigue. For more information about proper footwear, you may review these OSHA safety footwear guidelines.
How can employers reduce the risk of fall accidents at workplace in Bronx, NY?
Here are a few steps any employer can take to make sure their employees are safe against the risk of slip/trip and fall accidents:
- Make sure the spills are cleaned immediately. Also, modify the business practices that lead to spills in the first place.
- Treat the floor surfaces to increase slip resistance, for example, coating, grooving, or acid etching
- Make sure the staff has proper footwear i.e., low heel, resilient, with good floor-to-feet traction
- Ensure that all the staircases and work spaces are properly lit and have sufficient signage
- Remove wires, cords, and other tripping hazards by taping cords out of the way
- Improve storage practices
- Make sure the staff has a pulley, a trolley, or similar mechanical aid to carry objects in a way their vision isn’t obstructed. Employers can also edge strips to mark changes in surface levels.
- Reduce changes in floor levels; instead of steps, use ramps and provide handrails
Contact RMFW Slip and Fall Attorneys in Bronx, NY for Maximum Compensation
Have you been hurt in a slip/trip and fall accident while at work? Do you want to make sure you receive the best possible financial damages for your troubles? The personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff law firm have represented over 30,000 injured workers and residents in our nearly century-long experience. We have also won large damages for our clients based in Bronx and all five boroughs of New York. If you think that you only deserve benefits from Workers’ Compensation, think again. We may be able to get you a far bigger amount of settlement from all the parties responsible for your accident. We know how devastating medical bills and lost wages can be to you and your family. In addition to the humongous medical bills, you may also be suffering from debilitating pain and emotional stress. Let us help you. Our experienced highly dedicated attorneys will review your case – for FREE –and make sure your rights are protected. We don’t charge attorney’s fees until we get you a favorable result. Call us at 212-344-1000 or fill out our online form to get started right away.
