Falls are among the most common causes of injury in the United States, both in the workplace and outside it. Because slip and fall or trip and fall incidents are so common and many do not involve serious injury, it’s natural to think of a fall as “just a mishap.” It’s true that most falls are accidents in the sense that they were unintended and unexpected. But, most do not occur by chance.
Most slip and fall or trip and fall injuries happen because someone was careless. In some cases, that someone may have been the injury victim. For example, you may trip over a curb because you were texting while you were walking rather than watching where you stepped. Often, though, someone else is to blame.
Some common examples of slip, trip, and fall injuries that may be attributable to someone else’s negligence include:
In each of these situations, there is a strong possibility that your injury occurred because someone failed in an important responsibility. For instance, store personnel who have created slick surfaces by mopping should provide clear warning of the dangerous conditions. New York business owners and operators are required by law to clear snow and ice responsibly. Property owners have a responsibility to protect customers and guests against dangerous conditions caused by poor maintenance, such as a loose floorboard or broken sidewalk.
If you’ve suffered damages because someone else failed to maintain property, didn’t clean up after a spill, or carelessly left an object or debris in a foot-traffic area, you may be entitled to compensation. This compensation may include:
In cases involving serious, long-term injury, you may also be entitled to projected damages, such as the cost of continuing medical care and anticipated lost future earnings.
You may be entitled to compensation even if the injury was partly your fault. Under New York law, an injury victim who was partially responsible for his or her own injury can generally still recover damages to the extent that another party was responsible. For example, if you slipped on an icy sidewalk that should have been cleared while you were talking on your phone, a judge or jury might find that you were partly to blame. If you were assigned 30% of the responsibility for the incident and the business responsible for maintaining the sidewalk was assigned 70% responsibility, the business could be required to compensate you for 70% of your damages.
The best way to learn more about your rights under New York’s personal injury law is to talk with an experienced slip and fall injury lawyer. The attorneys at Dansker & Aspromonte have significant experience in handling this type of injury case. For example, the firm obtained $1 million in compensation for a doctor who fell on the sidewalk in front of a New York hotel and injured his shoulder.
Take the next step toward pursuing fair compensation right now. Schedule your free consultation.