Queens Slip and Fall Injury Lawyer
While they might not seem like it, slip and fall injuries can be much more serious than most people think. But slip and fall injuries can result in nerve and ligament damage that takes years to heal fully.
Fortunately, a skilled Queens slip and fall injury lawyer can help you develop a strong legal case to prove the significance of your slip and fall injuries. Slip and fall accidents might also cause severe head injuries as the victim is unprepared for the impending accident. After suffering a slip and fall injury, the property owner could be liable. Still, if a tenant rents and is responsible for the property, then they will be the party most likely to be liable for your injuries.
If you have suffered a slip and fall injury because of another person’s negligence, our Queens slip and fall injury lawyers can help you hold them accountable. For a free case review, contact The Carrion Law Firm at (718) 841-0083.
Common Types of Slip and Fall Injuries in Queens, NY
While slip and fall accidents might not seem like the most egregious type of mishap, they can be responsible for some of the most devastating injuries a person can suffer. Many slip and fall accidents result in painful nerve and ligament damage, often requiring surgery and extensive physical therapy. The following are common types of slip and fall injuries that occur in Queens:
- Knee fractures and injuries
- Nerve damage
- Ligament damage
- Torn ACL/MCL
- Hip fractures
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Facial and dental injuries
- Hand and wrist injuries
- Sprains and strains
- Soft tissue injuries
Many of these types of injuries can be deceptively worse than they first appear to a victim. Some victims are never the same after suffering a slip and fall injury. Our Queens slip and fall injury lawyers can help you properly evaluate your injuries so that you do not miss out on important compensation you will need for future treatment and recovery.
Who Can be Held Liable for Slip and Fall Injuries in Queens, NY
Determining liability after suffering a slip and fall injury can be challenging. Many slip and fall accidents occur in private businesses open to the public, and it might not be readily apparent which party is liable for your injuries. Who you can sue for your slip and fall injuries will depend on who was responsible for the safety of the premises in which you were injured.
While individuals injured on a premises used to be divided into invitees, licensees, and trespassers to determine liability, New York no longer uses that standard. Now, the court uses one standard of care for all slip and fall cases, whereby the property owner’s or tenant’s duty is to “act reasonably to maintain safe conditions [given] all circumstances including [the] likelihood of injury, seriousness thereof and burden of avoiding risk, with [the] likelihood of plaintiff’s presence the primary factor in determining foreseeability.” Basso v. Miller (1976).
Business Owners or Tenants
Queens is home to many retail stores, restaurants, grocery stores, music venues, and other private businesses. In most cases, these businesses will not be the property owners, only leasing the space as tenants. The property’s tenant is typically responsible for the day-to-day safety of the premises.
Business owners leasing property owe customers, clients, and other guests a duty of care. They must regularly inspect and fix dangerous conditions and provide warning signs if the danger cannot be immediately addressed. To prove that the business owner or tenant was negligent, you must show that they knew or should have known the dangerous condition existed. The responsible party must also be given adequate time to fix the condition, so you must show that sufficient time has passed to address the defect. Our Queens slip and fall injury lawyers can help you if you have been injured in a slip and fall accident because of a business owner or property tenant’s negligence.
Residential Property Owners
In other cases, the property owner will be directly liable for your slip and fall injuries. For instance, if your apartment building is owned and managed by the same party, they are likely responsible for the safe conditions of the building. This includes hallways, stairwells, and the sidewalk on the property. Suppose the property is owned by someone other than the property’s management company. In that case, the owner could still be held liable if they were responsible for the property’s inspection, upkeep, and security.
If you were injured in a private residence as a social guest, the property owner could be held liable for dangers they knew about but failed to warn of. Property owners owe a duty of care to those individuals invited onto the property. Our Queens slip and fall injury lawyers can review your case to determine which parties are liable for your damages.
How Fault is Determined in a Queens, NY, Slip and Fall Injury Lawsuit
It is standard practice for the courts also to evaluate your conduct to see if any action on your part contributed to your injuries. Defense attorneys and insurance adjusters will often argue that the victim would not have been injured, or injured as extensively, had they been paying attention. Fortunately, you can recover damages even if you partially contributed to your accident under New York’s pure comparative negligence rule.
According to C.V.P. Law § 1411, any damages that the court awards you will be reduced by the percentage of liability you were found to have contributed to the accident. This can be illustrated with a simple example. If you prevailed in your slip and fall lawsuit and were awarded $100,000 for your damages, but the court determined you were 25% at fault, you would still recover $75,000. Further, New York’s comparative negligence law allows you to collect damages as long as you are not found 100% at fault for your injuries. Our Queens slip and fall injury lawyers can help you determine if any conduct on your part could be seen as contributory and develop a legal strategy to address it.
Our Queens, NY, Slip and Fall Injury Lawyers Can Help
If you were injured in a slip and fall accident, our Queens slip and fall injury lawyers can help you get the compensation you are entitled to in order to recover fully from your injuries. Call The Carrion Law Firm today at (718) 841-0083 for your free case assessment.