Slip / Trip and Fall Accidents, Premises Liability in New York

Lever & Ecker, PLLC June 8, 2017 Slip Trip & Fall

In New York, both slip and fall and trip and fall cases are categories of personal injury law known as premises liability cases. These cases typically arise when property owners, businesses, or other people or entities fail to provide a safe environment on their properties, and people then suffer injuries on those properties. In those situations, the individuals who become injured may be able to pursue a case and will want representation by an experienced White Plains personal injury lawyer.

Filing a premises liability case without representation from an experienced lawyer can put your rights and possible compensation at risk. Talk with premises liability lawyers at Lever & Ecker, PLLC and find out how we can provide you with trustworthy legal guidance and resources. Our team has over 60 years of combined experience in New York’s legal field. Let us handle complicated legal proceedings so you can focus on your recovery. 

What Is Premises Liability?

Premise liability is when an individual suffers injuries caused by someone else’s property’s defective or unsafe conditions. Suppose a business owner tries to cover up a damaged floor panel instead of fixing the problem. If a customer comes into the shop and trips and injures themselves on the exposed floor, they have the right to seek compensation for medical fees, treatment costs, and other financial losses they suffer due to the injury. 

Consider some examples of common New York premises liability claims: 

  • Broken or poorly maintained steps
  • Icy sidewalks (not salted) due to snow build-up and freezing rain
  • Poorly lit staircases, corridors, and walking areas
  • Potholes and trenches
  • Uneven or broken sidewalks
  • Wet/slippery floors (including floors not correctly marked with warnings)

An important note to remember about premises liability is that there must be proof that the property owner was negligent to the care of the establishment. 

What Types of Injuries Are Common in Premises Liability Claims? 

The danger of slip, trip, and fall accidents is not simply the fall, but the possibility of hitting other objects. Hitting your head on a table or slicing your arm on a piece of glass can cause serious and sometimes life-threatening harm. 

Some of the severe injuries a person can suffer from a slip and fall accident include: 

  • Broken/fractured bones
  • Concussions (brain trauma)
  • Ligament damage (shoulder, knee, ankle, wrist)
  • Muscle pulls or tears
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)

Even if you suffer injuries on someone else’s property, that does not mean there is a liability claim. The owner must have breached their duty of care and responsibility as the property owner and acted negligently.

Who Is At-Fault in a Premises Liability Accident?

Those who own or operate a property in New York are obligated by the law to maintain and provide a safe environment for those who visit their property. Property owners and operators who fail to eliminate or reduce the risk of hazardous conditions on their property without sufficient warnings put themselves at risk. If you have sustained a personal injury in this way, you may be entitled to recover compensation for your injuries, including your pain and suffering, medical bills, lost wages, and other past and future expenses.

Slip and fall claims may be handled without bringing a case in court if the defendant admits liability and the defendant, including the defendant’s insurance company, compensates the victim fairly and appropriately. However, because this seldom occurs, hiring a premises liability lawyer in New York to represent your interests thoroughly is recommended.

What Damages Can You Recover in a New York Premises Liability Claim?

In order to have a strong premises liability claim, you will need to have evidence of the owner’s negligence and breach of care. Having the required documentation and trustworthy representation is essential for a successful premises liability claim. Without a strong lawyer on your side, you risk losing the compensation you deserve. 

Consider the following damages you can recover with the aid of a premises liability lawyer: 

  • Pain and suffering
  • Cost of treatment and diagnosis
  • Cost of ongoing long-term medical treatment
  • Loss of income and future earnings
  • Loss of enjoyment of life
  • Permanent disabilities, disfigurement, and impairments

Slip, trip, and fall injuries can cause long-term disabilities that may continue to impact your life for years. You deserve to receive compensation for those losses. Contact a premises liability lawyer as soon as possible.

Talk With Experienced Premises Liability Lawyers in New York

The financial losses you suffer from someone’s negligent actions can turn your life upside down. There are many complicated steps and unfamiliar situations you can encounter during your claim. However, a professional lawyer has the power and resources to recover your losses and protect your rights. 

Lever & Ecker, PLLC premises liability lawyers have over 60 years of combined experience advocating for our clients’ rights. Every case and individual is unique and requires different legal representation, which is why we tailor our services to the needs of our clients. Our award-winning lawyers understand the challenges you face and will do everything in their power to provide you with the best possible outcome.

If you are interested in talking with one of our lawyers, schedule a free consultation by calling (914) 288-9191 or (718) 933-3632 and filling out our contact form.