Many people use the terms ‘tripping’ and ‘slipping’ interchangeably during their conversations. But when someone is hurt in a slip and fall accident because of someone else's fault, it's crucial to distinguish between a slip, trip, and fall.
According to the National Safety Council, falls are one of the primary causes of serious injuries in the United States. By differentiating between a slip, trip, and a fall, a skilled slip and fall injury lawyer in New York can approach your case in a more targeted manner, gather the necessary evidence, and hold the property owner, manager or other parties accountable for their negligence.
To maximize your settlement in slip and fall injury cases in New York, it is vital to have a leading personal injury law firm on your side, which has thorough knowledge of the laws related to slip, trip and fall injuries.
What is a Slip and Fall?
Slip and fall incidents are common causes of injuries, and they can occur in various settings, from workplaces to public spaces. For example, a slip-and-fall incident may happen due to a wet or slippery surface or a poorly maintained surface, making it hazardous for anyone who comes into contact with it.
This could cause them to lose their footing or contact with the ground and subsequently fall. In such cases, the person usually falls backward, leading to injuries such as those to the neck, back, hip, and back of the head. Examples of slip and fall incidents include a wet floor due to a melted ice cube, a recently waxed or cleaned floor, or a floor covered in a hair product that has spread across.
What is a Trip and Fall?
In contrast to slip and fall incidents, trip and fall incidents occur when an individual comes into contact with an object or obstacle that they have either not stepped over completely or stepped on unintentionally. These falls typically result in individuals falling forward, leading to injuries such as those to the face, hand and arm fractures, knee, and elbow.
Common examples of trip and fall incidents include uneven sidewalks or parking lots, door jambs, and items left on store floors. It’s critical to note that trip-and-fall incidents can be as severe and damaging as slip-and-fall ones. Injuries sustained from a trip and fall incident can result in significant medical expenses, lost wages, and emotional distress.
Slip vs. Trip: What are the Legal Differences?
It's important to understand that slip and trip accidents are not the same, and the legal issues involved in each type of accident can differ. For example, in a slip accident, the victim typically falls due to encountering a wet or slippery surface. In contrast, a trip accident occurs when an individual trips over an object or uneven surface.
Detailed medical records are crucial if you're injured in a slip, trip, or fall incident and wish to take legal action. Remembering as many details as possible can help prove negligence. Knowing the difference between slip and fall incidents and trip and fall incidents can help you present your case effectively and obtain compensation.
Differences in the Types of Injuries Caused in a Slip vs. Trip
One key difference between a slip and a trip is the mechanism of injury. In a slip, the injury is usually caused by the sudden and unexpected loss of balance, which can cause the person to fall in any direction. In a trip, the injury is often caused by the impact of the person's body on the ground or other objects.
Injuries Resulting from a Slip and Fall
Slip and fall accidents can result in various injuries, with head injuries being one of the most common. These injuries can range from a mild concussion to a traumatic brain injury and can cause symptoms such as dizziness, headaches, nausea, and confusion.
Based on this, slip and fall accidents can cause back injuries such as sprains, strains, and herniated discs, which can result in significant pain and require long periods of rehabilitation. Other injuries that can occur include fractures to the arms, legs, and hips and soft tissue injuries such as bruises, cuts, and sprains, which can range from minor to severe based on the individual's overall health and the circumstances of the fall.
Injuries Resulting from a Trip and Fall
One common injury caused by a trip and fall is a sprained or broken ankle, as the ankle is often the first point of contact with the ground. Pertaining to this, people who trip and fall are more likely to suffer injuries to their hands and wrists as they instinctively try to break their fall with their arms.
Other injuries that can result from a trip and fall include cuts and bruises to the face, knees, and hands, as well as more severe injuries such as fractures to the arms or legs. These injuries can cause significant pain and require medical treatment, particularly in cases where the injury is severe, or the person is elderly or has pre-existing health conditions.
Compensation for Slip or Trip and Fall Injuries
Obtaining compensation for slip and fall injuries in New York can be complex, as it often requires proving negligence by the property owner or manager.
Property Owner Had Knowledge of the Hazard
To obtain compensation for a slip or trip and fall injury, you need to prove that the property owner had knowledge of the hazard that caused your accident. In other words, you must show that the property owner knew or should have known about the dangerous condition that caused your injury. This can be proven through evidence such as surveillance footage, accident reports, or eyewitness testimony.
Property Owner Failed to Take Reasonable Measures
Property owners and managers are legally responsible for keeping their premises reasonably safe for visitors. If a hazardous condition is present, they must take reasonable measures to address it. Failure to do so may result in liability for any injuries caused by the hazard. For example, if a property owner is aware of a damaged staircase but fails to repair it or block it off, they may be held responsible if someone falls and gets injured.
Hazardous Condition on the Premises Caused the Injuries
Establishing a causal link between the hazardous condition and injuries sustained is crucial in slip, trip, and fall cases. To hold the property owner or manager liable, you must prove that your injuries were caused by the hazardous condition, not some other unrelated factor. It's essential to gather evidence such as witness statements, medical records, and scene photographs to establish this causal link.
If you decide to pursue legal action, it's vital to seek the advice of a personal injury lawyer with experience with slip and fall cases. Your lawyer can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary. This is someone who has been around the legal corners before and knows what’s lurking for you in the dark.
Ultimately, the amount of compensation you may receive for slip or trip and fall injuries will depend on various factors, including the severity of your injuries, the impact they have had on your life, and the degree of negligence on the part of the property owner or manager. Moreover, with the right legal representation, you can maximize your chances of obtaining fair compensation for your injuries.
How to Avoid Slip and Fall or Trip and Fall Accidents?
Get Strong Legal Represented from Leading Trip or Slip and Fall Attorneys in New York
The distinction between trip and fall or slip and fall incidents is based on the nature of the accident and the type of injury sustained. Seeking legal action in these cases can be challenging, as it requires proving negligence and determining the appropriate compensation. It’s, therefore, essential to enlist the services of an accomplished slip & fall lawyer who can advocate on your behalf to secure the best possible outcome.
At Rosenberg, Minc, Falkoff & Wolff, LLP, we pride ourselves on our experience representing individuals who have suffered injuries due to a slip or trip accident. Our legal team is committed to treating each case with the utmost importance and fighting tirelessly for you or your loved one. We are dedicated to providing you with expert legal representation and support during this difficult time.
We will investigate your case thoroughly and provide you with all the information to determine how best to proceed with your case moving forward. Call our office today at 212-344-1000 or contact us online to schedule a free and confidential case evaluation with one of our seasoned New York personal injury lawyers.
What Is The Highest Settlement For A Slip And Fall?
A slip-and-fall accident can lead to severe physical injuries, pain, and emotional distress for the victim. The injured party has a right to seek financial compensation through a settlement with the at-fault party or through a court verdict. The damages awarded in slip-and-fall lawsuits in New York can be substantial, sometimes running into millions of dollars.
This guide delves into some of the most significant slip-and-fall lawsuit settlements. By examining these cases, you can better understand how courts in New York and in other parts of the country evaluate the damages and losses occurring form slip and fall injuries.
It’s crucial to remember that large damage awards or settlements in slip and fall accident cases in New York are usually possible when you have a top personal injury law firm leading the legal fight on your behalf. We have been through the legal minefields before so we know where to step and not to step.
Largest Settlement Ever Awarded in a Slip and Fall Case
Slip-and-fall cases can lead to larger out-of-court settlements than most injured victims may imagine. An outstanding example of this is the settlement of over $20 million awarded to an elderly woman who sustained severe injuries after slipping on a wet tile floor in a hotel lobby. The trial resulted in the jury finding the hotel liable for the woman's injuries since they had neglected to warn guests of the hazardous conditions.
This verdict serves as a reminder for building owners and managers about the potential consequences of failing to maintain safe premises for visitors. The monetary compensation awarded in such cases can be substantial, reflecting the severity of the injuries sustained and the impact on the victim's quality of life. As such, it's critical for property owners and managers to take all reasonable measures to prevent slip and fall accidents and promptly address any hazards that may be present.
8 Biggest Slip and Fall Lawsuit Settlements
Every year, millions of people visit emergency rooms due to slip & fall accidents and injuries. It is essential to understand the legal consequences of such injuries when they occur due to another’s negligence. So, let's dive into some of the largest slip-and-fall settlements in US history.
A man walking in an alley behind a store in Brooklyn suffered severe injuries to his head, neck, and back after accidentally falling into an open manhole with no warning signs or barricades. The man's spinal injuries caused permanent disability, and he subsequently sued the city of New York for negligence. The lawsuit resulted in an $18 million award for the man, covering his medical expenses, lost wages, and pain and suffering.
During a routine physical at a clinic in Georgia, a truck driver needed to have his blood drawn for testing. The clinic employee instructed the victim to sit on an exam table while drawing blood. When the employee turned away briefly to retrieve a band-aid, the victim passed out and fell forward, resulting in a broken neck. As a result of his injuries, the victim was left paralyzed and couldn't perform daily tasks independently.
Attorneys argued that the clinic failed to take appropriate safety measures during the blood-drawing procedure, such as having the victim lie down or sit in a chair with armrests to prevent potential falls. As a result, the victim received $12 million in compensation for his injuries and suffering, while his wife received $3 million for the impact on her life.
While on a shopping trip at a Lowe's Home Center in Las Vegas, a woman slipped on a wet substance in the gardening department due to unsafe conditions and a lack of conspicuous warning cones. As a result of this avoidable accident, the victim suffered several injuries, including a skull fracture, brain hemorrhage, chronic headaches, neck pain, anxiety, and depression. The victim received $13 million in compensation to account for her damages, which include medical expenses, lost wages, lost earning capacity, and physical and emotional distress.
During a visit to a Miller Mart in Pennsylvania, a woman slipped on a patch of ice outside the store, leading to severe injuries to her back, neck, and shoulder. The injuries were serious enough to require multiple surgeries. Following an investigation, the store owner was found responsible for not clearing the dangerous patch of ice from the property, resulting in the accident. As a result, the woman received compensation of $12.2 million, which covered her medical expenses, lost wages, and pain and suffering.
In California, a construction worker fell from a ladder while attempting to access a rooftop, resulting in catastrophic injuries. The court determined that the construction company was negligent in failing to provide a safe working environment for its employees. As a result, the worker was granted $11.1 million in compensation for medical expenses, lost wages, and pain and suffering.
In Texas, a man sustained severe injuries after slipping and falling on a slippery substance on the floor of a gas station, causing him to be bedridden for several months. It was found that the store attendant had neglected to clean up the substance, resulting in an unsafe environment for customers. The court awarded the man $11 million to cover his medical expenses, lost wages, and pain and suffering.
While shopping at a grocery store in Maryland, a woman slipped and fell on a wet floor, resulting in severe injuries such as broken bones and facial fractures that required several surgeries. This incident resulted in substantial medical expenses, lost wages, and prolonged pain and suffering. As a result, the woman filed a lawsuit against the grocery store chain, alleging negligence, and was awarded $10 million in compensation for her damages.
A significant slip and fall event occurred in a Walmart branch in Colorado when a woman slipped on a grease spillage. Despite the store's initial denial of the spill, evidence confirmed the presence of grease on the floor. Had the staff and management exercised reasonable care, the victim's injuries could have been avoided. The woman was awarded $10 million in damages.
Average Value for Slip and Fall Injury Claims in New York
Determining an average value for slip and fall injury claims against office buildings can be difficult, as compensation varies based on several factors, including the extent of liability of the building owner or manager, the severity of the injuries, and the jurisdiction where the accident occurred. Although office buildings typically do not carry comprehensive insurance policies like larger retailers, the value of your slip and fall claim can still be significant. Depending on the circumstances of your case, you could get anywhere from $350,000 to $800,000.
Slip and fall injury claims against apartment buildings can have varying compensation amounts, typically ranging from a few thousand to hundreds of thousands of dollars. The average value of claims usually falls between $300,000 and $500,000. Even though apartment buildings may not have large insurance policies compared to big-box retailers, the value of your slip-and-fall claim against an apartment building can still be considerable.
Shopping Malls and Department Stores
Slip and fall accidents are frequent occurrences at shopping malls and department stores, and the resulting injuries can vary in severity. The average settlement amount for slip and fall injury claims against these establishments is typically between $250,000 to $1 million with more severe cases potentially resulting in even higher settlement values. In relation to this, the exact settlement amount will depend on various factors, such as the severity of the injuries sustained, the extent of the defendant's liability, and the jurisdiction where the accident occurred.
Public Schools, Private Schools, Colleges, and Universities
Schools are frequent locations for personal injury accidents, including slip and fall incidents. The severity of the injuries resulting from slip and fall accidents can result in high settlement values. Sometimes, slip and fall injury claims can exceed $1 million and even surpass this amount in certain circumstances. Therefore, consulting with a prolific and considerate attorney who can help you navigate the complex legal landscape of filing a claim against an educational institution is essential.
Get the Most Trusted and Seasoned Slip and Fall Injury Attorneys in New York on Your Side
If you or a loved one has been injured in a slip-and-fall accident in New York, it's essential to seek legal counsel to protect your rights and obtain the compensation you deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have a team of experienced attorneys specializing in personal injury cases, including slip and fall accidents.
Our legal team will assess your case's details and work with you to build a solid case to ensure you receive the best possible outcome. We understand that slip and fall accidents can cause long-term physical and emotional pain and financial burden. Therefore, we are committed to providing compassionate and dedicated legal representation to our clients and will fight tirelessly to ensure you receive justice.
Our attorneys have a track record of exceptional success in slip-and-fall cases, and we have recovered millions of dollars in compensation for our clients. We offer free evaluations of your case and can answer any questions you may have about the next steps. We work on a contingency fee basis, which means you only pay us if we win your case. So don't hesitate to call us at 212-344-1000 or fill out our contact form to schedule a free, no-obligations consultation.
Who Is Liable For A Slip And Fall Accident?
Slip and fall accidents can happen to anyone, anywhere, at any time. Whether at work, in a public place, or on someone else's property, the risk of suffering a slip and fall injury is always there. In the aftermath of a slip and fall accident in New York, one of the most pressing questions is often: who is liable?
Property owners, business operators, employers, construction companies, and government entities – all have a duty to provide a safe environment for those who enter their premises. Moreover, this duty does not necessarily absolve the injured party of responsibility, and the circumstances of the accident are carefully scrutinized to determine the liable party.
Our New York slip and fall injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have put together this guide about slip and fall accidents to enable a better understanding of the intricate factors involved in determining liability.
Where Do Slip and Fall Accidents Usually Occur in New York City?
Slip and fall accidents can happen in a wide range of locations in and around New York City. Some of the most common places include:
Slip and falls are often caused by hazards such as wet or slippery floors, loose carpeting, or inadequate lighting. For example, if a grocery store fails to clean up a spill promptly or does not place warning signs near a wet area, customers may slip and fall. Similarly, if carpeting in a store is worn or not properly secured, it may create a tripping hazard.
Sidewalks and Roads
High-traffic sidewalks that have cracks and potholes can cause pedestrians to trip and fall, resulting in injuries. Even commonly used walkways, such as entrances to commercial or residential buildings, can pose risks to visitors if accumulated snow and ice has not been properly cleared.
Despite common perception, offices are not immune to slip and fall accidents. Several factors, such as slick bathroom floors, worn carpets, or spilled liquids in common areas, can contribute to such incidents. For example, employees and visitors may trip over boxes or other objects left in walkways or slip on spills from coffee or other liquids. Poorly maintained floors, such as those with cracks or loose tiles, can also be hazardous.
Construction and Building Sites
Slip and falls are common hazards at construction and building sites due to the nature of the work. Hazards can include uneven surfaces, falling debris, and unsecured equipment. Workers and visitors at construction and building sites may also be at risk of falls from heights, such as from scaffolding or ladders.
Employers, construction site owners and contractors must prioritize workplace safety by providing appropriate training and protection gear and adhering to safety regulations and standards. Regular equipment and work area inspections can also help prevent potential hazards.
Residential Apartments and Houses
Even in the homes of friends and relatives or business acquaintances, slip and falls can occur due to hazards such as loose rugs or cluttered walkways. Visitors may also be unfamiliar with the layout of the home, which can increase the risk of a slip and fall if the homeowner fails to forewarn guests about any known dangers.
Lawsuits against Construction Companies for Slip & Fall Injuries
Construction companies are obligated to maintain safe working conditions for employees while complying with all relevant state and federal laws, including OSHA regulations. The company can be held liable if a slip and fall accident occurs due to the company's negligence or failure to take reasonable measures to keep a safe work environment.
This includes failure to clean up debris, repair uneven surfaces, or post warning signs in hazardous areas. The company may also be accountable if they did not provide adequate safety equipment or training to employees on safety protocols.
Other Liable Parties in Construction Site Slip and Fall Accidents
When it comes to construction site slip and fall accidents in New York, liability can be a complex issue, and it's not always limited to the construction company or construction site owner. Several other parties could be held liable, including:
Establishing Liability in a Slip and Fall Accident
To establish liability, the injured party must show that the property owner owed a duty of care to the injured party, that the duty was breached, and that the breach of duty caused the slip and fall accident.
Injuries Caused Due to Slip & Fall Accidents in New York
Slip and fall accidents can result in a wide range of injuries, varying in severity from minor bruises and cuts to more serious fractures, head trauma, or even death. Common injuries resulting from slip and fall accidents include:
In addition to physical injuries, slip and fall accidents can also cause emotional and psychological trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Damages You Can Recover through a Slip & Fall Injury Claim
The compensation you receive after a slip and fall accident depends on the severity of your injuries. Minor injuries may qualify for economic damages, which have a monetary value. Severe or catastrophic injuries, which take more than a year to recover from or cause long-term disabilities, may qualify for non-economic damages. Both types of damage aim to restore you to your previous state.
To claim economic damages, you must provide invoices and bills related to medical expenses, prescription costs, and any other expenses related to medical equipment or ambulatory aids. You must also document any lost wages incurred while unable to work. Severe injuries may qualify for non-economic damages, including compensation for pain and suffering, reduced quality of life, loss of companionship, and similar losses.
A hard working and seasoned attorney can assess the strength of your claim and help you navigate the legal process, including negotiating with insurance adjusters and representing you in court if necessary. They can also help you gather evidence and documentation to support your claim and work to ensure that you receive fair and adequate compensation for your injuries.
Consult with Our Experienced New York Slip & Fall Accident Attorneys Today
At Rosenberg, Minc, Falkoff & Wolff, LLP, our New York slip and fall injury attorneys have decades of combined experience and a track record of success in representing clients in a wide range of premises liability cases. We understand the physical, emotional, and financial toll a slip-and-fall accident and injury can take on you and your family.
We are committed to providing compassionate and effective legal representation to help you get your life back on track. From investigating the cause of your accident to negotiating with insurance companies and, if necessary, litigating your case in court, we will fight tirelessly to ensure that your rights are protected and that you receive the maximum compensation available under the law.
If you're ready to take the first step towards justice and recovery, contact our slip and fall accident attorneys in New York today for a free consultation. We'll evaluate your case and help you understand your legal options so that you can make informed decisions. With our help, you can move forward with confidence and peace of mind, knowing you have a dedicated and determined legal team on your side. Call us today at 212-344-1000 or contact us online.
|$15 Million - Jury Award for Brain Injury|
|$15 Million - Neurosurgical Brain Injury|
|$10.5 Million - Injured Infant Brain Damage|
|$9 Million - Brain Injured Baby Settlement|
|$7.75 Million - Settlement Injury To A Child|
|$7.5 Million - Injured Construction Worker Settlement|
|$7.25 Million - Intersection Accident Settlement NYC|
|$5.5 Million - Bus Accident Award|
|$5.5 Million - Injured Child|
|$5.5 Million - Blinded Woman|
|$5.45 Million - Injured Child|
|$5.4 Million - Construction Burn Victim|
|$5.1 Million - Motorcycle Victim|
|$5 Million - Construction Worker Back Injury|
|$5 Million - Eye Surgery|
|$4.5 Million - Failure to Perform C-Section|
|$4.5 Million - Personal Injury Settlement|
|$4.4 Million - Failure to Diagnose Infection|
|$4.125 Million - Failure to Diagnose Quadriplegia|
|$4.0 Million - NYC Hospital Negligence Birth Injury|
|$3.8 Million - Electrician|
|$3.75 Million - Hospital Negligence Sepsis|
|$3.7 Million - Birth Injury Infant Stroke|
|$3.5 Million - Faulty Freight Elevator Fall|
|$3.4 Million - Surgical Error Bronxville Hospital|
|$3.28 Million - Eye Surgery Case|
|$3.15 Million - Settlement for a Brooklyn Laborer|
|$3.1 Million - Verdict Returned by NY Jury|
|$3.1 Million - Awarded by Brooklyn Jurors|
|$3 Million - Birth Injury Development Delays|
|$3 Million - Settlement Scaffold Injury Hudson Yard|
|$3 Million - Hot Water Burn Death|
|$2.6 Million - Surgical Error Premature Death|
|$2.5 Million - Construction Concrete Worker Settlement|
|$2.5 Million - Hospital Malpractice Toddler Hemiplegia|
|$2.4 Million - Failure to Diagnose Lead to Paralysis|
|$2.3 Million - Birth Injury Brain Damage|
|$2.1 Million - Hospital Negligence Birth Injury|
|$2.1 Million - Failure to Diagnose Stroke|
|$2.1 Million - Surgical Error Paraplegic|
|$2.1 Million - Injured Worker|
|$2 Million - Hospital Negligence Permanent Injury|
|$2 Million - Malpractice Settlement Delay in Delivery|
|$2 Million - Verdict against Hospital|
|$1.8 Million - Failure to Diagnose Tumor|
|$1.75 Million - Diagnosing Prostate Cancer|
|$1.5 Million - Prostate Procedure Malpractice|
|$1.5 Million - Delay in Treatment - Nerve Damage|
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