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Was Your Slip and Fall “Just an Accident”?

By Dansker & Aspromonte

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July 20, 2024

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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.

Negligence Causes Slips and Trips

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:

  • Slipping on the floor of a store that has been left wet or soapy after mopping
  • Slipping on spilled liquids in a store or other public place
  • Slipping on a wet floor in the locker room at your gym or similar facility
  • Tripping on the edge of carpeting that isn’t property tacked down
  • Tripping on a broken or uneven floorboard
  • Tripping on a broken sidewalk or parking lot
  • Slipping on snow or ice that hasn’t been cleared outside a business

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.

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Protect Your Rights after a Slip, Trip, and Fall Injury

If you suffered damages because someone else failed to maintain a property, didn’t clean a spill, or carelessly left debris in a pathway, you may be entitled to compensation. Your settlement can include:

  • Reimbursement for medical expenses incurred from the fall
  • Compensation for pain and suffering caused by the incident
  • Damages for lost wages and other income

In cases involving long-term injuries, you may also be entitled to projected damages, such as continuing medical care costs and anticipated lost future earnings.

Don’t attempt to seek compensation without a qualified Manhattan slip and fall attorney by your side. Legal professionals analyze your accident’s total value, including accounting for future losses. Once they calculate the value of your case, your attorney can demand fair compensation from the liable party or insurance provider.

Responsibility for a Slip and Fall Injury May be Shared

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.

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Learn More about Your Rights from an Experienced Slip and Fall Injury Lawyer

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 Associates LLP 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.

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