When we enter a building, a mall, or even a shopping complex, it never even occurs to us that a little trip and fall could land us in a hospital. Or that we could suffer a life-long disability. Property and business owners have a duty to make sure their premises are secure for their guests. Unfortunately, not everyone cares about fulfilling their responsibilities. Property owners often neglect to repair and warn people of a potentially-hazardous area on their premises. If you or someone you know has suffered injuries from such negligence, you may be able to bring a lawsuit against the responsible parties and receive compensation. At Rosenberg, Minc, Falkoff & Wolff, our Bronx trip and fall attorneys have 96+ years of experience in protecting the rights of clients who have been either severely injured or killed on private or public property. We have secured thousands of settlements and favorable verdicts through premises liability lawsuits and recovered over $1 billion to this date. If you’d like one of our Bronx, NY premises liability attorney to review your case for free, give us a call at 212-344-1000or write to us online. Our team of seasoned lawyers will evaluate every aspect of your case to see if you might be eligible for a settlement or compensation offer.
Different types of slip and fall accidents in Bronx, NY
Fall accidents are more common than you might think. In our experience, slip/trip and fall accidents make up for the majority of personal injury cases. Here are some of the most common fall down accidents:
Slipping and falling on sidewalks
Many unsuspecting pedestrians fall victim to damaged or poorly maintained sidewalks on a regular basis. There are many factors that can cause a sidewalk accident:
- Broken sidewalks
- Holes or cracks on sidewalks
- Dangerously sloped sidewalks
- Raised or uneven sidewalk flags
- Objects carelessly left or placed on the sidewalk
In some cases, an accident may also occur if the sidewalk is in “special use”. For example, a portion of the walking part has been cut out to plant bushes, trees, or some other landscaping features. These are counted as “special uses” of the sidewalk because someone has tried to beautify that space. All of the above causes can happen on private as well as public sidewalks. If your accident occurred on a public sidewalk, then the city may be held accountable for your injuries.
Slipping and falling on frozen sidewalks
Property and business owners have a duty to clear the ice or snow on the sidewalk in front of their premises within a reasonable period of time. If they fail to do that, someone can slip on the ice or snow on the sidewalk and incur serious injuries. Whether the business or property owner was negligent or not is determined by how much time elapsed between:
- The time of the ice, snow, or other weather condition that lead to a dangerous situation, and
- The time when the area was cleared or cleaned
The property owner or the maintenance company may clear the ice or snow by using shovels, salt, snow machines, or other methods. As we said, the key to liability hinges on the timing – was the area cleared within a reasonable period of time? If not, the premises owner may be held accountable for your accident. These commercial establishments are busy places that see a lot of foot-traffic on a daily basis. Sometimes, the store staff fails to clean the liquid or food spillage within a reasonable period of time, which may cause a visitor or customer to slip and fall which is not only embarrassing it can cause someone to be seriously injured. In some instances, slip and fall accidents also occur after the spillage or debris has been cleared. This happens when the staff fails to properly warn the people about the slippery/wet surface after or during the cleaning process. We have also seen fall down accidents because the owner failed to place mats or rugs on the floor in case of rain, snow, or any inclement weather condition. Owners of commercial establishments, especially retail stores and supermarkets should always prepare their store to remain dry in such weather conditions.
Other trip and fall accidents in commercial establishments
It may not seem that way but there are practically unlimited scenarios where someone can trip and fall on a commercial property, leading to debilitating injuries or worse, death. Something as seemingly harmless as leaving a small object in the path of customers can result in most horrific accidents – as we have seen in our nearly century-long experience. A minor lapse in judgment or one second of negligence can lead to devastating fall accidents. One of the rare – but equally lethal – cases is when a store employee or someone in the management is directly responsible for the accident. For example, some of our clients have fallen down and suffered permanent injuries because the newspaper rack, advertisement board, store display, or a vending machine was placed in an unsafe location. There have been cases where the cellar door (situated right outside the area on the sidewalk) was located in a dangerous position or left open which led someone to fall in. we have also handled cases where the store had interior trap doors located within the aisles. This reminds us of a case where a delivery driver fell into the open cellar door as he was trying to turn the lights on. The establishment was fined (rightly so) because not only the lights were off and the cellar door was wide open but also because there was no other employee or warning sign whatsoever that could have alerted the victim about the extremely dangerous condition. Sometimes, a defect in the steps inside or outside the store may also lead to fall accidents. Lack of proper banisters, railings, poor treading on steps, broken steps, or uneven steps are just some of the perilous conditions that go directly against the proper safety codes. Even a defective, old or negligently placed mat or carpet can lead to fatal trip and fall accident.
Trip and fall accidents at construction sites
We don’t need to tell you how dangerous construction sites can be. Other than thousands of workers who risk their lives every day working in treacherous conditions, pedestrians and visitors may also incur injuries on construction sites. Poorly maintained construction equipment, tools, and debris left on the construction site, streets, or sidewalk can also cause someone to trip and fall. We have handled personal injury cases involving falls caused by slipping and tripping over almost every kind of construction material you can think of. As crazy as it may sound, the general public is nearly as much at risk of fall accidents as the construction workers on these sites. If you have been working as a construction worker and you suffer injuries due to a fall accident, do not be dissuaded by Workers’ Compensation laws. Many constructions workers seem to think that Workers’ Comp laws mean they cannot file a lawsuit against the responsible parties or recover compensation for their injuries. That’s simply not true. It is true that someone other than your employer or supervisor may have been responsible for your accident but you should know that there are special labor laws in Bronx, NY. These laws allow you to receive compensation regardless of who was responsible for your accident – your supervisor, fellow employee, your employer, or someone else (for example, a maintenance company on-site). The one thing you can do to maximize your chances of recouping compensation is to hire a reliable Bronx personal injury attorney who knows how the labor laws like the back of their hands. They will thoroughly review your case and help you explore the proper options available. The fall accident scenarios we have listed above are just the tip of the iceberg; there are literally hundreds of more ways someone can incur a fall injury. It should be noted that just because someone has fallen and suffered an injury, they (the injured victim) are not necessarily entitled to receive compensation. This is why a careful investigation of the accident is a must. A skilled trip and fall lawyer in Bronx, NY, must evaluate all the facts regarding the accident to conclude whether it was caused by someone’s negligence. The compensation can be claimed only if the lawyer can prove that the property owner or caretaker failed to maintain the premises safely. At Rosenberg, Minc, Falkoff & Wolff law firm, we pride ourselves in providing the very best guidance, support and legal representation to victims of fall accidents.
Bronx, NY Administrative Code Sidewalk Rules
The city has enacted laws pertaining to the duty of commercial property owners for the proper and regular maintenance of their adjacent sidewalks. The city administrative code clearly states that the property owners are liable if they fail to maintain their sidewalk. The law also specifies:
- Notwithstanding any other provision of law, the property owner of adjoining sidewalk, including (but not limited to), the joining quadrant for corner premises, shall be held liable for any damage or injury including death – if it has been caused by that owner’s failure to maintain the sidewalk.
- It shall be the responsibility of the property owner of adjoining sidewalk, including (but not limited to), the joining quadrant for corner premises to make sure the sidewalk is safe and well-maintained.
Failure to maintain a sidewalk includes:
- Negligent failure to clear out the ice, snow, debris, dirt, or other objects from the sidewalk;
- Negligent failure to construct, install, repair, repave, reconstruct, or replace damaged sidewalk flags.
Types of injuries in trip and fall accidents
Being in a slip/trip and fall accident can leave people with serious injuries. According to various surveys, falls are one of the leading reasons for emergency room visits in Bronx, NY. These accidents not only cause significant pain but also lead to lost work productivity for thousands of Bronx residents every year. In order to better communicate your injuries to both the medical staff and your attorney, it is important for you to understand the common trip and fall injuries. It will help your personal injury lawyer better prepare your claim for compensation, and will also allow your doctor to create a more effective treatment plan. A trip and fall accident can cause several different types of injuries, including:
- Sprained wrists and ankles
- Broken bones
- Temporary or permanent damage to the knee
- Muscle strains or shoulder dislocation
- Traumatic brain injury
- Nerve and spine damage
- Bruises, lacerations, and cuts
Do you have to be physically injured to recover compensation?
Yes. A trip and fall accident case is a negligence claim. You have to satisfy all the elements of the negligence claim or there wouldn’t even be a case. One of the elements is personal injury, and if you don’t have any physical injuries, it means you haven’t met all of the steps to file a claim.
What should you do following your injury?
If you are hurt in a trip and fall accident, the next few steps you take can make or break your case. The first thing you should do is seek medical attention as soon as you can. Document your medical injuries carefully. Whether you have a bruise, a broken bone or even more serious injury, you need more than just your word that you’ve been hurt – you need hard evidence. This evidence can only be gathered by seeking medical attention. In the case of visible injuries, you should take clear, high-quality photos. Your doctor will keep a record of your injuries and treatment. They may also conduct a variety of tests to confirm or diagnose your medical condition. All this data will be a crucial part of evidence gathering that will ultimately help your claim.
Get in Touch With a Competent and Tenacious Bronx Trip and Fall Accident Lawyer
All personal injury cases are complex but trip and fall accidents are even more so because it can be hard to prove the liability of responsible parties. If you have suffered a trip/slip and fall injury on private or public property, it is imperative you seek the counsel of an expert personal injury lawyer in Bronx, NY. They will investigate your claim by identifying all the parties involved, taking pictures of the scene of your accident, interviewing witnesses (if any), and examining your medical records. They will also handle all the nuts and bolts that go into filing your lawsuit, including:
- Filing the lawsuit before the deadline specified by the state’s statutes of limitations
- Handling mediation and/or trial
- Negotiating and pursuing maximum possible compensation
At Rosenberg, Minc, Falkoff & Wolff, our lawyers have represented over 30,000 victims of fall accidents since 1922. We understand the complexities of these cases like no one else which helps us use our knowledge to pursue the best possible compensation for all of our clients. It doesn’t hurt that we have access to some of the country’s brightest minds (for example, doctors and engineers) who help us build rock-solid cases. Call us at 212-344-1000 or contact us online to request an absolutely free consultation of your case. We have a success rate of more than 95% and we only work on a contingency fee basis which means you don’t have to pay a dime until you receive compensation. You have nothing to lose!
