Slip and Fall Lawyer New York, NY

Slip and Fall Lawyer New York, NY

As your slip and fall lawyer New York, NY residents trust at Oddo & Babat knows, slip and fall accidents are one of the most common reasons for a person to file a personal injury claim or lawsuit. However, only a third to half of slip and fall victims will actually talk with a slip and fall lawyer to find out whether or not compensation may be available. If you slipped and fell on a New York sidewalk, inside a store, hotel, or other building, to recover compensation, you should consult a slip and fall lawyer as quickly as possible.

Common Areas for a Slip and Fall to Occur:

• Taverns
• Restaurants
• Hotels/Motels
• Apartment or Condominium Buildings
• Shopping Malls
• Theaters
• Performance Areas
• Sidewalks
• Amusement Parks
• Grocery Stores
• Public Transportation Spots

When your slip and fall was the result of another party’s negligence, you may be entitled to recover damages for your medical care, lost wages, pain, suffering, and more.

Understanding the Basics of a Slip and Fall Case
In general, a slip and fall claim or lawsuit arises after a person was injured because of negligence on the part of a business owner, manager, or property owner. The claim or lawsuit can be filed due to the premises’ owner or manager failing to adhere to the basic duty of keeping the premises safe. Bear in mind that the premise owner or manager may not be responsible for all damages.

A slip and fall lawyer can review the factors of your case and help you to understand what their responsibilities, or duties, may have been and how they may be asked to compensate you under New York law.

What Makes a Case

You or your NY slip and fall lawyer in New York will need to prove the incident occurred because the owner or manager was negligent. This area of the law is part of tort laws and is considerably rife with complications. In general, you will need to prove that:

• The business owner owed you a certain duty of care.
• They failed to do so.
• Because the conditions were not safe, and you were not made aware of this hazard, you were injured.
• Your injuries resulted in financial losses and other damages.

If these elements can be proven, damages may be recovered. Something to keep in mind is comparative negligence. If you are partially responsible for the slip and fall, you won’t necessarily be barred from recovering compensation, but the amount you are found to be at fault of may be reduced.

For example, if a jury finds that you are thirty percent at fault, thirty percent of the compensation may be deducted from the verdict. The comparative negligence laws in New York do make it easier for slip and fall victims to recover damages; however, they also can make the cases more complicated.

Call a Slip and Fall Lawyer in New York

A slip and fall can happen to anyone, anywhere, and at any time. If you were injured and have suffered losses due to the injury, please don’t wait to consult a lawyer.

To get your free case review by a knowledgeable slip and fall lawyer for the right advice, call Oddo, & Babat.

Slip and Fall Liability

The injuries a victim suffers from a slip and fall accident can range from minor to catastrophic. Some of the more serious injuries a victim can sustain from a slip and fall accident includes brain injuries, fractured bones, internal organ injuries, spinal injuries, and more. These injuries often require extensive medical treatment, which adds up to high medical bills. These injuries can also be debilitating for a victim, leaving them unable to work and earn income, take care of their children, or even take care of their own day-to-day life.

If you have been injured, contact a slip and fall lawyer from our law firm to find out what legal recourse you may have.

Premises Liability Laws

Slip and fall accidents are covered under New York’s premises liability laws. These laws address what responsibilities property owners have for keeping their premises safe for anyone who is on the property lawfully. If there is a known hazard that exists, the owner must repair the condition or warn visitors to the property about the condition.

If the owner fails to do either of those two things and a victim is injured in a slip and fall incident, then the property owner could be held liable for any damages the victim suffers from the fall. Some of the more common types of incidents that a slip and fall lawyer sees in his or her cases include:

•       Loose handrail on the stairway
•       Loose stair tread
•       Loose floorboard
•       Torn carpeting
•       Loose rug
•       Icy walkway

There are a number of damages that a victim can suffer in a slip and fall accident, both economic and non-economic. Some of the more common are:

•       Emergency room treatment
•       Hospitalization
•       Surgery
•       Physical therapy
•       Doctor visits
•       Medical devices
•       Medication
•       Future medical expenses
•       Loss of income and work benefits
•       Loss of future income and work benefits
•       Pain and suffering
•       Emotional anguish
•       Permanent disability
•       Scarring
•       Disfigurement
•       Loss of life enjoyment

Slip and Fall Accidents and Knee Injuries

Slip and fall cases commonly result in very serious injuries to the knee. As a knee injury lawyer, we have worked with clients who have suffered knee injuries from slips on wet surfaces, broken and irregular sidewalks, stairs and other tripping hazards, as well as steps with inadequate handrails.

These cases frequently result in very serious injuries to the knee. These hazards are often made worse by inadequate lighting which contributes to further concealing these dangers. Serious knee injuries occur when clients trip or fall on such hazards and land with full force on their knee.

In the least severe cases, injuries might involve damage to the medial meniscus or the ligaments, including the medial collateral ligament or the anterior cruciate ligament. If surgery is required, it is commonly arthroscopic surgery done with minor incisions using cannulas to view and repair the damage. This process minimizes the invasive nature of the surgery and substantially shortens the recovery period. Following physical therapy and rehabilitation, generally a full recovery can be anticipated. These surgeries are common and are performed on even some of the youngest athletes.

More significant knee injuries include fracture of the patella and damage to the patellar tendon. Treatment of patella fractures often requires surgery that involves an open reduction and internal fixation (ORIF) of the patella and surrounding structures using screws, plates, wires and other devices. Post surgery treatment commonly includes extensive therapy, gait training, pain management, as well as Supartz and steroid injections. Some client injuries become more complicated if there are issues with wound healing, requiring Vac-Pac and hyperbaric treatments to achieve adequate wound closure.

While some clients who undergo ORIF surgery are able to achieve full recovery, all too often, they are left with limited range of motion of the knee, numbness, paresthesia, pain, loss of strength, and difficulty walking, especially up and downstairs. These injuries frequently require a long period of post-surgical treatment and recovery.

They certainly test one’s stamina and endurance during treatment and recovery. Falls involving these types of wounds require a prompt and adequate scene investigation by a professional engineer possessing knowledge of the codes and safety issues which must be documented. Photographs of the defect must be promptly obtained in order to document the defect and the surrounding area.

Have You Suffered Injury in a Slip and Fall Accident?

Every case is different and the financial compensation you may be entitled to will be contingent on the circumstances of your case. Your attorney will be able to evaluate your accident and determine what damages you have suffered and what dollar amount each of these losses are worth.

We can examine the details of your accident and determine what type of legal options you may have. There is no obligation for this free consultation, so call our office today to find out how we can help. If you have sustained injuries due to the negligence of a property owner, contact Oddo & Babat, P.C. to schedule a free and confidential consultation with a New York slip and fall lawyer in NY.