Have you or someone you know been injured in a slip, trip, or fall? Our expert team at Dansker & Aspromonte Associates has ample experience in this area and has successfully sought compensation of more than $450 million for our clients. We can get to work for you today.
Damages That May Be Available in Your Case
A slip and fall accident can lead to serious injuries. You may be facing extensive medical costs, days missed at work, and other losses. We can help you seek compensation for both your financial and non-financial losses, including:
- Pain and suffering: Reflecting the degree of your physical pain and other challenges
- Medical bills: Including the cost of emergency room care, visits to a doctor, diagnostic testing, surgery, hospitalization, rehabilitation, and more
- Lost income: For paychecks that you missed due to days spent recovering
- Reduced earning capacity: Reflecting any reduction in your ability to work as you did before your injuries
- And more
Wrongful Death Damages
For those who lost a loved one to a trip and fall accident, we can be by your side through every step of a wrongful death case. Additional damages may be available to certain surviving family members, such as:
- Pain and suffering
- Loss of Spousal & Parental income and support
- Mental anguish
- Funeral and burial costs
- Your loved one’s final medical expenses
- Loss of companionship, guidance, and more
Taking on a case after the passing of a loved one can be especially difficult. We can handle all the legal details for you so that you can focus on more important things.
How Do You Know if You Have a Valid Slip and Fall Injury Case?
Falls usually result when you trip or slip and are the most common kinds of premises accidents that cause injuries. There are many types of slip and fall accidents, including sidewalk falls, accidents from inadequate lighting, stairway falls, and more
Basically, you may have a viable slip and fall injury case if someone else’s negligence caused your accident and injuries. To build a solid case, we will need to prove that a property owner knew or should have known of a dangerous condition on the property—and their failure to take action directly caused your injuries, per the New York City Bar. We can tell you more about what it takes to prove that a property owner or other party is liable for your case.
Property owners are obliged to ensure their property is in a safe condition for all who visit. If you have been injured in a fall and it can be proven that the property owner was negligent (and was aware of dangerous conditions), you may be entitled to compensation for your pain and suffering.
Types of Slip and Fall Accidents We Can Help You with
We know that slip and fall accidents can happen almost anywhere. We can help if you were injured in the following situations:
- Premises liability
- Amusement park accidents
- Inadequate lighting accident
- Swimming pool injuries
- Sidewalk accidents
- Ice & snow falls
- Store/mall/retail accidents
- Apartment accidents
- Elevator accidents
- Stairway accidents
- Slippery surface falls
- Parking ramp falls
- Shower falls
- Falling from a balcony or terrace
Who Is Liable for a Slip-and-Fall Accident?
If a property owner is liable for your injuries due to a slip or fall on his/her premises, any of the following must be true:
- The owner of the property, or employees, must have been aware of the dangerous condition and failed to adequately correct it.
- The owner of the property, or employees, must have caused a spill or dangerous condition.
- The owner of the property, or employees, should have known that there was a dangerous condition on the property.
If a property owner has been careful about keeping the property safe, they will likely show “reasonable” care. Some questions we ask to determine if the owner is liable for your injuries can include:
- Has an accident happened on the property previously?
- Was there a safer place the object you tripped over could have been kept?
- Did broken or poor lighting contribute to the accident?
- Did you trip over an uneven area of flooring or slip on a wet floor? Should the owner have known about the area?
- Could a barrier have been created to warn visitors of the danger?
- Has the property owner implemented a schedule for regular cleaning, maintenance, and repairs of the property overall? What proof does he/she have of this?
If you slipped on or tripped over something that was left on the ground, was there a reason the object was there? If there is a good reason, could the object have been moved to a safer space anyway?
Seeking Compensation after Common Slip-and-Fall Accidents
While the steps for proving liability are similar for all slip and fall cases, there are unique considerations for certain types of fall injuries.
Among the most common types of fall accidents – falling on snow and ice, sidewalks, and stairs – we may need to gather certain forms of evidence or consider specific laws that apply to your case.
Falling on Snow and Ice
Property owners are obliged to avoid any possible safety hazards, and that includes ensuring that snow and ice are removed from sidewalks and parking lots in a timely manner. If it can be proven that conditions on a property resulted in a buildup of snow or ice, the property owner may be held liable for an accident.
- If the parking lot caused melting ice to accumulate in puddles and then refreeze
- If ice built up on the roof and them melted, dripping off and refreezing on the ground
If you have been injured in a slip and fall accident due to snow or ice, we will have to prove any of the following:
- If the owner did not use common sense and acted unreasonably
- If there was something the owner should have known about that was dangerous
- If the property owner did not remove the snow and ice and did not use reasonable care to keep the property safe
We have experience with accidents that have occurred due to broken or defective stairs. It is up to property owners—be it commercial or residential property – to ensure that all the steps on the premises have the same depth and rise and that they have visible edges. Stairs should always be kept free of obstacles and debris that could lead to an accident.
It is also up to property owners to make sure that any stairwells are properly lit and that there are study handrails on either side of the stairs. While all need to be careful and watch where we are walking and property owners have an obligation to show reasonable care.
Falling on the Sidewalk
One of the most common kinds of falls in the city involves sidewalks. Prior to 1980, any person who tripped and fell on a broken sidewalk was eligible to sue the city just by showing the hole or crack – and that person would win their case.
However, things changed in 1980 when the city implemented the “pothole law.” This law states that to be able to sue the city for potholes or for cracked, raised, or broken sidewalks, the city has to have received written notice at least 15 days before the accident so that they have the opportunity to fix it.
How to Gather Strong Evidence after a Slip and Fall
If you have endured a slip or fall, follow this advice:
- Take photos of the scene of your accident, shoes, and clothing (as well as any scrapes, wounds, and cuts).
- Save the item that caused your fall and place it in a plastic bag. Place the shoes you were wearing at the time of the accident in a plastic bag and seal it well.
- If anybody witnessed your accident, be sure to get their name and contact details so that they may act as a witness for your case.
- File an accident report and ask to speak to the manager who will document your version of events. An accident report is critical in seeking compensation for your injuries, so be sure to get a copy of the report before leaving the store.
If you are unable to gather the above information at the scene of your accident, our team at Dansker & Aspromonte Associates will try to gather as much information as we can.
It’s important to keep in mind that obtaining information days, let alone weeks and months after your accident scene has been cleared can be tricky. While your medical records document any injuries you incurred, statements and photos are extremely valuable should your case go to trial.
Do You Need a Personal Injury Lawyer?
Slip and fall cases can be complicated and challenging to prove. It may be very clear to you that a wet floor caused you to fall and fracture your hip—but proving that a liable party owes you compensation is another matter. We can handle all of these necessary legal details for you.
If you aren’t yet sure if it’s worth working with a lawyer, you may want to consider the following questions:
- Are you confident that you understand personal injury law and other laws that apply to slip and fall cases?
- Do you have the context to understand the potential value of your case?
- Are you confident in going up against the other party’s legal team and other representatives?
- Do you have the time, energy, and resources to gather compelling evidence and take your case to court, if necessary?
We have the experience needed to take care of all these tasks and ensure that you seek every dollar available in your case.
How Do You Afford a Lawyer for Your Case?
If you would like to work with a legal team but aren’t sure about whether you can afford to do so, consider that our firm works based on contingency. This means that:
- We ask for no upfront fees or retainers to get started.
- We only get paid if we win your case.
There is no financial risk to work with our team. After all, we only win if you do.
Call the Attorneys at Dansker & Aspromonte Associates for a Free Case Review
If you have been injured in a slip and fall, give us a call today. We have a winning record of success at trial and won’t charge you until we win or settle your case for compensation. Reach someone from our team today.