Compensation for Slip & Fall Injuries in NYC

If you’re injured in a slip and fall accident in New York, you may be entitled to various forms of compensation.

Compensatory damages can include medical expenses for treatments and ongoing care, lost wages if your injuries prevent you from working, and loss of earning capacity for future earnings affected by your injuries.

You can also seek compensation for pain and suffering and emotional distress. These damages cover the physical discomfort and psychological impact of the accident.

In more severe slip and fall cases, where negligence is clear and egregious, punitive damages may be awarded. These are intended not just to compensate the victim but to punish the defendant and deter similar negligent behavior.

How Are Slip & Fall Settlements Paid in NYC?

Damages are often paid from the liability insurance of the property owner or business, such as general liability or homeowner’s insurance policies.

To successfully claim these damages, you need to establish that the property owner or manager was negligent by showing they were aware of the hazardous condition and failed to address it adequately.

Remember, New York’s comparative negligence rule could reduce your compensation if you are found partially at fault for the slip and fall accident.

Insurance Claims for Slip and Fall Accidents in New York

Your first step in a slip and fall case is to file a claim with the insurance company that provides liability coverage for the property or business owner who is responsible for your accident. In some cases, it may be possible to reach a slip and fall settlement to resolve your claim.

However, an insurer may fight your claim by disputing the facts or severity of your injuries. Insurance companies are motivated to protect their own bottom line, and your claim is a threat to profits.

When you retain a New York City slip and fall attorney, you can feel confident that your interests are protected. Our trip and fall lawyers know the tactics claims adjusters use to justify a denial or a low payout on your claim.

Call 212-490-5700 today to learn how we can help.

Common Causes of Trip and Fall Accidents in NYC

Trips, slips, and falls can occur under a number of circumstances, including:

  • Uneven Surfaces: Sudden changes in elevation on sidewalks disrupt balance, causing rapid and reflexive movements to regain stability, often resulting in awkward body positioning.
  • Spilled Liquids or Slick Surfaces: Feet sliding on slippery surfaces force overcompensation and loss of balance, leading to falls with little time for protective reactions.
  • Poor Lighting or Lack of Handrails: Reduced visibility increases the risk of tripping over unseen obstacles or slipping on undetected slick spots, resulting in falls from uncontrolled movements and inability to navigate safely.

If you know what caused your fall, it’s important to let your slip and fall attorney know. If you’re unsure of the cause, reach out to one of the slip and fall attorneys at our firm to learn more about your options moving forward.

NYC slip and fall lawyers Jonathan Damashek, Judd Kleeger, and Jordan Hecht.

Common Slip & Fall Injuries in New York

Slip and fall accidents happen suddenly, catching victims off guard and causing them to fall in hazardous ways. The reflex to regain traction or balance can lead to awkward falls.

As they’re trying to recover, victims often land on critical body parts, like their hips, heads, or outstretched arms. Landing on hard surfaces or objects can make injuries worse.

Understanding how you fell and injured yourself is crucial for your legal options. Remembering and explaining the specifics of how you fell, whether by slipping, tripping, or another imbalance, can significantly aid your slip and fall attorney.

Injuries can include:

This is not an exhaustive list. If you’ve incurred harm of any sort in a slip and fall accident in New York, it’s important to reach out to a slip and fall attorney as soon as possible. If the negligence of another caused your accident, you might be able to obtain compensation for your damages. When you’re facing a mountain of medical bills and don’t know where to turn, contact the NYC slip and fall lawyers at Hecht, Kleeger & Damashek, P.C. for help.

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Liability in Slip and Fall Accidents in NYC

Liability in Slip and Fall Accidents in NYC

Video Transcript

In a trip and fall case, the landlord or the managing agent can be held responsible if they did not maintain the premises in a reasonably safe manner. ... So if there was a board sticking up a sidewalk that was uneven, the owner of the property, the landlord or the managing agent could be held responsible.


Read Full Video Transcript

Slip and fall accidents live under the area of premises liability. By law, property owners are required to maintain their spaces in a reasonably safe condition for those who enter. If they don’t, they may be liable to pay the losses for a victim who incurs injuries because they failed to comply with their legal duty.

To better understand how a property owner may breach the duty to keep the premises safe, some examples may be useful.

  • The owner of an office building neglects to repair broken pavement at the entrance. That person or entity could be responsible if you trip or fall on the uneven sidewalk.
  • A grocery store owner notices a puddle of moisture near the frozen food section, but fails to mop it up. You don’t notice the hazard, and you’re injured when you slip across the slick surface. The owner may be liable to pay for your losses.

Why Does Liability Matter in Slip & Falls Cases?

While liability may seem clear in a slip and fall case, certain factors can complicate your claim. Plus, there may be multiple potential parties in a premises liability case, including an owner, operator, property manager, landlord, tenant, and many more. For these reasons, it’s essential to retain a New York slip and fall lawyer to represent you.

Filing a Slip and Fall Lawsuit

If the insurer refuses to pay a fair, reasonable amount of compensation to settle your claim, it may be necessary to file a slip and fall lawsuit in court.

Working with a slip and attorney is critical in litigation, especially considering the complicated legal concepts, New York statutes, court rules, and other issues.

How to Prove Liability in Your Slip & Fall Accident

For you to prove your claim and a claim to be successful, there are requirements you must meet. You must show that the liable party owned or controlled the property, and that they neglected to care for it.

You must show that the landlord had received direct complaints about the hazard, the hazard was obvious that the landlord should have seen it, or that the landlord directly created the hazard.

If you can show the landlord knew about the hazard and you were lawfully on the property when you were hurt, you can argue that the landlord violated their duty of care for your safety.

New York City Slip & Fall FAQs

Who can I sue in a slip and fall accident in New York?

In a New York slip and fall case, you can potentially sue any party whose negligence contributed to the accident. This includes property owners, tenants, business operators, or even government entities, depending on where and how the accident occurred.

What should I do if I have a slip and fall accident at an AirBNB?

If you slip and fall at an AirBNB, report the incident to the host immediately, document the scene with photos or videos, and gather contact information from any witnesses. You should also notify AirBNB through their platform.

Consulting with a slip and fall attorney is crucial as claims against private hosts can be complex, often involving homeowner’s insurance or AirBNB’s liability insurance.

What is the statute of limitations for filing a slip and fall lawsuit in New York?

In New York, you generally have three years from the date of the accident to file a lawsuit for a slip and fall injury. However, if the claim is against a city, county, or other government entity, you must file a notice of claim within 90 days of the accident.

How do I prove negligence in a slip and fall case?

To prove negligence in a slip and fall case, you must show that the property owner or responsible party knew or should have known about the hazardous condition and failed to address it adequately. Evidence such as incident reports, witness statements, and photos of the scene are crucial.

Can I still recover compensation if I was partially at fault for the slip and fall?

Yes, New York follows a “comparative fault” rule, which means you can still recover damages even if you were partly at fault. However, your compensation will be reduced by your percentage of fault.

Are there special considerations for slip and fall accidents involving snow and ice?

Yes, New York has specific rules regarding snow and ice removal. Property owners have a reasonable amount of time after a snowfall ends to clear their sidewalks. Failure to do so can be grounds for a negligence claim.

What should I avoid doing after a slip and fall accident?

Avoid making detailed statements to insurers or signing any documents without consulting a slip and fall lawyer. Do not delay medical treatment, as insurers might argue that your injuries were not serious or not related to the accident.

How long does a slip and fall lawsuit typically take in New York?

The duration of a slip and fall lawsuit can vary widely based on the complexity of the case, the clarity of fault, and the willingness of parties to settle. Cases can resolve in a few months if a settlement is reached quickly, but lawsuits can extend for years if they go to trial.

 What if my slip and fall accident happened at a government-owned property?

Claims against government entities under municipal liability involve special procedures, including shorter timelines for action. You must file a notice of claim within 90 days of the accident, and suing a government entity often involves additional legal challenges and limitations.

New York City Slip and Fall Accident Statistics

According to the Centers for Disease Control and Prevention (CDC), unintentional falls rank near the top for injuries treated in emergency rooms across the country. Many of these slip and fall accidents are preventable, but victims still suffer physically, emotionally, and financially. Fortunately, New York law allows you to seek compensation for your losses. The claims process can be highly complex, so it’s important to trust a New York premises liability lawyer to assist with your case.


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Call Our Experienced NYC Slip and Fall Lawyers Today

If you slipped and fell, or sustained other injuries due to dangerous conditions on another party’s property, the NY personal injury attorneys at Hecht, Kleeger & Damashek, P.C. can help. We will handle calls with insurers and the other party’s legal representation. During the aftermath of a trip and fall, it’s important that you concentrate on your health and recovery – let us handle the rest.

To schedule a free case consultation with our NYC slip and fall lawyers, call 212-490-5700 today, or reach out through the online form.

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