A slip and fall accident is one of those things that can happen to anyone, anywhere. Whether you are at home, at work, at a shopping mall, a friend’s house, or even a parking lot, you can slip-and-fall and sustain serious injuries. According to the Occupational Safety and Health Administration (OSHA), out of all accidental deaths in America, nearly 15% can be attributed to slip-and-fall accidents. Some of these accidents can be chalked up to the victim’s carelessness, but in a lot of cases, another person or entity is the culprit.
A slip and fall accident is one of those things that can happen to anyone, anywhere. Whether you are at home, at work, at a shopping mall, a friend’s house, or even a parking lot, you can slip-and-fall and sustain serious injuries. According to the Occupational Safety and Health Administration (OSHA), out of all accidental deaths in America, nearly 15% can be attributed to slip-and-fall accidents. Some of these accidents can be chalked up to the victim’s carelessness, but in a lot of cases, another person or entity is the culprit.
If you or your loved one has sustained injuries in a New York slip-and-fall accident at a grocery store, parking lot, or any other establishment, you can sue the person who owns or manages the said establishment. Business owners have a legal duty to ensure their premises are safe and sound. Failing to do so will make them liable for any injury that might occur as a result.
What Causes Slip and Fall Injuries?
As reported by the Mayo Clinic, more than 10 million people in the country get injured in slip-and-fall accidents. The Center for Disease Control (CDC) also reports that 1 in 4 seniors over the age of 65 suffer a fall. If that’s alarming enough, consider this: the National Center for Injury Prevention and Control reported that slip-and-fall accidents are the #1 cause of non-fatal injuries for people over the age of 24. There are several hazards that cause these accidents:
Bad Lighting
Do you live in an apartment complex or a residential community with dim stairwells and hallways? Have you repeatedly asked your property manager or landlord to fix the poor lighting but they have failed to follow through? If yes, and you or your loved one slip and fall, and hurt yourself, you can sue them for negligence.
Poor Maintenance of Property in Bad Weather
Landlords and business owners can be held responsible for a slip-and-fall injury if it occurred due to snow or ice buildup on their property. A little bit of accumulation of snow/ice is natural when the winter arrives, but letting it be and not removing/salting it is irresponsible.
Weird Design Standards
As absurd as it sounds, sometimes the engineering or architectural disasters can also cause accidents. Too narrow stairs, uneven surfaces, or sudden changes in flooring levels can cause a child or an elderly person to lose their balance and fall.
Loose Debris or Trash
This generally occurs on a construction site. Loose debris on a construction site – be it your workplace or a neighbor’s yard – can cause you to trip and fall. Similarly, cords that run across walkways can pose a danger.
Damaged or Loose Carpeting
Torn carpeting causes more slip-and-fall accidents than you may imagine. Combined with poor lighting in darker areas of a business establishment or someone’s home, worn-out carpeting or loose rugs can be a dangerous fall hazard.
Slippery or Wet Floors
You may have heard cases of slip and fall accidents in the lobbies of business offices or grocery stores due to slippery floors. Most property managers ensure that signs are put up to warn people about the wet or recently waxed floors, but this is not always the case.
Damaged sidewalks
Municipalities have a legal responsibility to keep the public sidewalks in a good condition. If you trip on a crack in a sidewalk and fall, you can hold the municipality liable for your resulting injuries. However, in these cases, it’s crucial that the fall victim takes legal action as quickly as possible because the window for filing a claim against any form of government organization is very short.
Types of Slip and Fall Injuries
If you slip or trip, and fall, you can sustain any number of injuries. Some of these fall injuries can be internal and will not be detectable right away. You may think it’s a minor sprain, but it could be a fracture or a torn ligament. It’s critical that you seek medical attention ASAP after a slip and fall accident.
Some of the most common types of injuries suffered by slip and fall accident victims in New York include:
Cuts and Bruises
It’s not unusual to suffer cuts or bruises on your head, legs, arms, or hips after a fall accident. Bruises may look minor, but they are notorious for hiding severe injuries underneath the skin. If you have a bruise anywhere on your body after suffering from a fall, don’t ignore it. Take a picture of it and then get it checked out by a doctor.
Pulled Muscles or Torn Ligaments
In most cases, when a person falls, their muscles tense up to protect them. You may have experienced the same: when you realized you were about to fall, you may have stretched out your hands or twisted your body to catch yourself. Unfortunately, this may lead to even more damage.
This last-minute twisting and turning can lead to stretched tendons, torn ligaments, or pulled muscles. These injuries will seem minor compared to broken bones or head traumas, but they are extremely painful and can be downright debilitating. It takes several weeks of rest to heal a badly pulled muscle or torn ligament.
Broken Legs or Arms
Broken legs or arms are very common after a slip and fall accident. These kinds of injuries need long-term therapy to deal with the dysfunctions of neuromuscular pain and the chronic pain that comes along with it.
We have seen cases where the fall victim didn’t realize they had a broken bone because they were able to move their injured arm or leg easily. If you are feeling pain in a bone or a joint, it may be a broken bone. Sometimes, it’s not obvious immediately so you need to get an x-ray done after the accident.
Broken Ankles or Wrists
When we fall, our first instinct is to throw out our hands to prevent or protect ourselves from the painful impact of hitting the ground. This generally puts a lot of pressure on our ankles or wrists and may result in a sprain or serious damage.
Damaged Knees
If you fell forward on a hard surface, your knees may have taken a beating in the form of a torn ligament or a fracture. Knee injuries are very common following a fall accident, and in some cases, may require reconstructive surgery.
Fractured Collarbone
If you fell facing the ground, it is highly likely that you may suffer a broken collarbone as a result. Collarbones can heal fast, but they are incredibly painful so make sure you go to the emergency room immediately.
Damaged Tailbone
If you fell backward, onto your buttocks, then you know there is no worse pain than a bruised tailbone! A broken or bruised tailbone is extremely painful and makes it nearly impossible for the person to sit, stand, or sleep.
Hip Fractures
Broken hip bones are the most common fall injury in people aged 65 years or above. In fact, CDC has reported that almost all hip fractures occur as a result of slipping or tripping and falling. If the fall victim is a senior in a particularly frail condition, hip injury can prove fatal to them.
Whether you are in your 30s or 60s, you will need to be hospitalized if you have suffered a hip fracture from your fall accident.
Traumatic Brain Injury (TBI)
When someone falls and hits their head, a head injury will be an obvious outcome. The dangerous thing with head injuries is, their effects may not appear for several hours. You may think the headache after your fall will go away on its own, but it could be a TBI that can prove fatal if not treated immediately.
After a fall accident, if you experience symptoms like intense headaches, nausea, dizziness, or loss of balance, it could be a traumatic brain injury. Traumatic or not, make sure you go to the emergency room after falling and hitting your head.
Injured Spinal Cords
If you fell backward, onto your back, it increases the likelihood of a spine injury. And we don’t need to tell you how deadly this can be. It could be a slipped disc, a chipped vertebra, or nerve damage to the spine that can cause partial or complete paralysis.
If you landed hard on your back after your fall, seek medical attention immediately even if you don’t feel much pain in your spinal cord. Treatments for these injuries can cost millions of dollars, so you may want to take legal action if this is the case.
How to Prevent Slip and Fall Accidents in New York?
Property owners always argue that since almost anything can cause a slip and fall accident, it’s nearly impossible to control all the factors to prevent it. And we don’t deny that. However, there are a few common-sense steps that can be taken to significantly reduce the risk of these accidents:
Keep the Walkways and Aisles Clutter-Free
There are a lot of environmental factors that can lead to a slip-and-fall accident, but these can be controlled by:
- Preventing stringing cables and cords across walking areas
- Keeping all passageways and work areas clean and orderly
- Making sure that all cabinets and table drawers are closed after use
- Moving objects, such as boxes, out of areas with heavy foot-traffic
Reduce Slippery or Wet Surfaces
You’d be surprised at how many property owners simply don’t pay attention to this! If you own or manage a property where people come and go, make sure to:
- Keep the sidewalks and parking lots repaired
- Mop up the wet surfaces ASAP
- Display “wet floor” signs when necessary and clean up any spills right away
- Use anti-skid paint of adhesive stripping on slippery floors
- Remove and salt the snow or ice consistently
- Place moisture-absorbing mats in the entry areas
Install and Maintain Good Lighting
Whether you are the owner of a business establishment or a residential complex, make sure the premises are properly lit at all times. Keep the hallways, stairways, and parking lots bright and clean. Make the light switched easily visible and accessible.
Wear Proper Footwear
A lot of slip and fall accidents occur because of wearing the wrong shoes or footwear with worn-out soles. Make sure all your shoes are in tip-top condition. If you regularly wear high heels, keep a pair of flats in your car to change into if you suspect there might be a fall hazard where you’re going.
Be Mindful
“Watch where you are going” may sound like silly advice but it’s always the best way to prevent a fall accident. Sometimes, when you are in a hurry, running errands at a grocery store or climbing upstairs to your workplace, you may fail to be aware of your surroundings. Make sure you are not distracted when you are moving, especially in a shopping mall, a grocery store, or a construction site. Being vigilant of your surroundings will keep you safe in more ways than you can imagine.
Contact a Premises Liability Attorney in New York
All of us have tripped over something before, and in most cases, we have walked away from the incident with nothing but a minor embarrassment. However, if your injury is serious, you may have grounds to file a premise liability lawsuit against the property owner or manager.
For a lot of people, suing someone may sound extreme, but remember that the medical bills you’d have to pay as a result of your accident can bankrupt you these days. If someone else’s negligence is responsible for your injuries, it’s recommended to pursue legal action to recover damages.
At Rosenberg, Minc, Falkoff & Wolff LLP, we have been representing slip and fall accident victims since 1922. That’s 98 years of experience in fighting for the rights of accident victims and their families. To date, we have recovered over $1 billion in settlements and court verdicts for our clients.
If you are looking for an attorney to represent your case or give you some free legal advice, call us at 212-344-1000. Our dedicated team of attorneys will love to chat with you – for free – and give you their legal counsel about the next best step.
