Garden City, NY Slip and Fall Lawyer
A slip and fall might seem mundane, but the reality is that a fall could result in serious injuries. An impact at the wrong angle or in the wrong spot could result in injuries that cause permanent loss of range of motion or paralysis. Moreover, a sudden impact could cause a hidden condition to become much worse.
Our lawyers can help you get the compensation you deserve after a slip and fall. Opposing lawyers and insurance companies will try and make it seem like it was your fault that you fell, even though you know that is not true. You do not need to try and negotiate with insurance companies or property owners on your own.
Our slip and fall lawyers at The Carrion Law Firm can be reached at (718) 841-0083 to discuss your case.
Are Slips and Falls Really That Serious?
Most people think of a slip and fall as resulting in minor bruising and nothing more. The reality is that slip and fall injuries can be quite severe, especially for older citizens or if the fall is particularly hard or from a great height.
A hard hit on the head from a slip and fall could cause serious problems. You could suffer a fractured skull or, in particularly severe cases, permanent brain damage could result. Additionally, if you are already injured, and on the mend, a slip and fall could easily exacerbate an existing healing injury.
Talk to a slip and fall lawyer about your accident, no matter how small it may seem.
Common Causes of Slip and Fall Injuries in Garden City, NY
People fall for all sorts of reasons. Many causes of slip and fall injuries are mundane and can be avoided if property owners would only take precautions to repair and maintain the premises.
A large puddle of liquid in a supermarket aisle might be the first thing that comes to mind when someone thinks of a slip and fall injury. Slipping onto a hard tile floor often results only in minor injuries, but it is possible to suffer severe bruising, broken bones, or concussions from such a fall.
Store owners have a duty to make their stores safe for shoppers. Often, a “wet floor” sign is needed to warn customers of the potential danger of a wet floor. If you slipped on a liquid without a “wet floor” sign present, the store might be liable for your injuries.
Poorly Lit Stairwells
When a stairwell is not properly lit, it is harder to see. Although it is true that people frequently go up or down the stairs without actively thinking about the task, a dark environment can easily make someone misjudge a step and fall.
Falling down the stairs can lead to serious injuries. In severe cases, paralysis or internal bleeding could result, requiring emergency medical treatment.
Property owners have a duty to make sure that their premises are safe for other people. If you believe that your slip and fall injury was due to a lack of lighting in a stairwell, you might have a case.
We do not expect the floor to break underneath us while standing on it. Poorly maintained or rotting wood floors lose their structural integrity and can result in people falling through the floor or a step on the stairs. Splintered wood can cut you, and rotting or old wood could cause infection.
Most people think of poor road conditions as a concern when driving. However, sidewalks in a state of disrepair pose a danger to pedestrians. Uneven sidewalks, cracked sidewalks, or sidewalks bulging from tree roots can be dangerous to walk on.
Ice and snow can also make sidewalks dangerous. Property owners often do not remove ice, snow, or other debris from their walkways in a timely fashion, causing a slip and fall risk.
Premises Liability in Garden City, NY
Premises liability is the idea that property owners have a legal duty to keep their premises safe for other people. However, the level of care that a property owner must give depends on certain factors.
New York law used to divide people into three categories for premises liability: trespassers, licensees, and invitees. These categories all had different levels of care the property owner had to uphold to avoid liability.
The new rule is that a property owner’s duty of care is related to the foreseeability that visitors will come onto the property. If it is very foreseeable that someone will come onto the property, the property owner will have a higher standard of care. For example, it is foreseeable that the owner of a supermarket will have people come onto their property, so the property owner must take significant steps to maintain their property and keep it safe.
Comparative Negligence in Garden City, NY
New York uses a pure comparative negligence standard. This means that any damages you are awarded in a lawsuit will be reduced proportionate to your own fault for your injuries. For example, if you are 30% at fault for your slip and fall, you will recover 70% of the damages you would have recovered if you were not at fault at all.
Some states use a stricter rule called contributory negligence, which will completely prohibit a plaintiff from recovering damages if they are only 1% at fault for their injuries.
Attorneys know this law and will try to use it against you. They will try and spin what you say to make a slip and fall seem more like your fault than not. Avoid making statements like “I could have been more careful” or “I should have watched where I was going.” Those statements can be seen as admitting fault, and your recovery could be diminished.
Discuss Your Case with Our Garden City, NY Lawyers Today
Call our slip and fall lawyers at The Carrion Law Firm (718) 841-0083 for a free case analysis.