Premises Liability Lawyer in New York City and Long Island, NY

Common Slip and Fall Injuries

Injuries from painful slips and falls are the cause of more than one million hospital visits every year. While some slip and fall injuries are minor—a simple bump or bruise, for example—while other slip and fall accidents can permanently change a person’s standard of living. Severe slip and fall injuries may result in broken bones, traumatic brain injury (TBI), permanent disfigurement, and even lifelong disability. 

• Broken bones
• Foot sprains and fractures
• Ankle sprains and fractures
• Pelvic fractures
• Knee dislocation
• Hip dislocation
• Wrist sprains and fractures
• Neck and back injuries
• Whiplash
• Spinal cord injuries (including paraplegia and quadriplegia)
• Neurological damage
• Traumatic brain injuries (TBIs)
• Electrocution burns
• PTSD and other psychological issues

In some cases, a serious slip and fall injury can even result in death. In these tragic cases, it is critical to speak to an experienced wrongful death lawyer about your case. Grennan Law stands ready to support you in your fight for compensation after the death of a loved one.

Learn More: Construction Accident Lawyer in New York City and Long Island, NY

Recoverable Damages

In the American legal system, “damages” refers to the monetary compensation a court awards to a claimant who has suffered a loss or injury as a result of a wrongful act of another party. The goal of most civil litigation is to recover damages.

In New York, people injured in slip and fall accidents may be entitled to compensation for: 

• Past and future medical costs associated with your injury, including ER visits, surgeries, medications, and aftercare
• Physical and occupational therapy
• Property damage
• Lost wages and loss of future income, including any change in your career trajectory
• Legal fees
• Transportation expenses
• In-home care
• Funeral and burial costs (in wrongful death cases)

• Pain and suffering/mental anguish
• Costs associated with new mental health issues (anxiety, depression, PTSD, etc.)
• Loss of enjoyment of life
• Loss of consortium (losing the ability to maintain close or intimate relationships)
• Shortened life expectancy or increased risk of future harm
• Permanent disfigurement
• Permanent impairment
• Reputational damage

What is the deadline for submitting my slip and fall lawsuit?

The New York State Senate Legislation provides three (3) years from the date of your accident to file a lawsuit.  If you fail to file a lawsuit within this three-year period, your case may be dismissed. 

Three years may seem like plenty of time, but it’s important not to wait too long to file your slip and fall claim. The longer you wait, the harder it may be to prove liability (who was responsible), or even that the accident caused your injury. Always file your case as soon after your accident as you can; prompt filing will allow you to prove damages and liability more easily and will make key evidence easier to find.

NOTE: the statute of limitations deadline is wholly determined by the date you file your lawsuit within the New York court system. The statute is unrelated to the date that you file your private insurance claim.

The Slip and Fall Accident Lawsuit: An Overview

Your slip and fall case hinges on two factors: the extent of your injuries and proving who bears responsibility. This could be a property management company that failed to notify their tenants about a slippery floor, a contractor that failed to put up signs denoting an uneven walkway, or even a private homeowner who neglected to clean up a spill.

The viability of your slip and fall case depends on several factors, most notably where your accident occurred and the circumstances of your fall. Your attorney will seek to determine if your accident could have been avoided through another party’s foresight; in cases where liability is contested, they may bring in forensic professionals to determine potential factors that could have led to your injury. The extent of your injury, and your recovery prognosis, will also factor into your injury claim.

Grennan Law is here to help ease the burden for slip and fall accident victims. Our experienced team is here to fight for the compensation you deserve. 

Step 1. Proving liability

Who pays for your slip and fall injury? That depends on who is found legally responsible or liable for your injuries. In some cases, liability is fairly straightforward; in other cases, proving liability may require working with an attorney and forensics team to show how the injury happened and how the homeowner or business owner could have prevented it. 

Liability stems from negligence, which simply refers to the notion that the property owner failed to provide a safe environment. You will be required to prove not only that your injuries were caused by the fall, but also that your fall resulted from negligence on the part of the defendant(s). 

Your New York slip and fall attorney will establish that:

• The defendant has a legal duty to look out for your well-being (commonly called “duty of care”)
• The defendant acted with negligence or malice in failing to meet their duty of care, and that
• The damages you suffered were a result of this breach of duty of care.

Step 2. Proving damages

The first step in any personal injury case is defining exactly what the personal injury is; in legal terms, we refer to your injury and related costs as your damages. This will require a medical diagnosis of all injuries, including head trauma (TBI), broken bones, sprains, lacerations, potential scars, and so forth. 

Always seek medical attention as soon as possible after your slip and fall injury to establish a baseline for injury and your expected medical costs. Your medical records are a critical component of your slip and fall claim. Your legal team may also ask for contact information for people who know you well—for example, housemates, friends or coworkers—who can speak about the extent of your injuries.

What is “Duty of Care?”

“Duty of care” describes the obligation to provide a measurable standard of safety. This may require removing tripping hazards, providing handrails and sufficient lighting, or simply warning visitors about a low-hanging beam or uneven stairway. This responsibility extends to any visitor: a customer, a family member or friends, and even contractors or other people who may be on the premises after business hours. 

Premises liability law can be extraordinarily complex; duty of care may vary by jurisdiction, by county and even by business type. If you have experienced a slip and fall injury, talk to an experienced slip and fall accident lawyer as soon as possible. Our attorney is standing by to help. 

Understanding Comparative Negligence

The defendant party may contend that you are partially to blame for your accident. They may say that your choice of footwear was the reason for your fall or that you simply should have been more aware of your surroundings. In some cases, they may even argue that you shouldn’t have been at the location in the first place. 

Even if this is proven true, partial responsibility for your accident does not invalidate your case.

New York employs a legal concept called comparative negligence. This means that your financial award will be reduced by the percentage you are found responsible for the accident. For example, if you are found 10% at fault on a claim found to be worth $100,000, you will be awarded 90% of $100,000, or $90,000. 

If you need a lawyer, talk to the slip-and-fall attorney at Grennan Law. With almost 30 years of working with cases involving comparative negligence, we’re ready to fight for every cent you are owed. 

Slip and Fall Accident Statistics

• Slip and fall accidents result in over 1,000,000 hospital visits each year (National Floor Safety Institute).
• People ages 55 and over are most at risk for slip and fall injuries. The industries that see the greatest number of slip and fall injuries are transportation, warehouse work, and agriculture (National Safety Council Injury Facts).

About 22.6 per 10,000 full-time employees will spend at least 14 days out of work after a slip and fall injury, and more than 20% of all slip and fall accidents result in the injured person needing to take at least 30 days away from work. (US Bureau of Labor Statistics)

Older adults are particularly vulnerable to slip and fall accidents.

As we age, we become increasingly vulnerable to slip and fall injuries. Falls can become more common and more dangerous the older we get. Wounds may take longer to heal, and surgeries may come with an increased risk of complications. 

Regardless of your age, property owners have a duty of care to keep you safe—and, regardless of your fall risk, have a right to seek compensation if you believe they were responsible for your injuries.

After you see your doctor, call to speak with an experienced New York slip and fall accident attorney. We offer free claim evaluations that help determine your next steps—and get you back on your feet. Grennan Law works from a contingency fee model, meaning we never collect money until you do.