Each year in the US, over a million people are injured as a result of a fall. Fall is now the major cause of accidental injury in the US, injuring over a million people every year and costing an estimated $13 to $14 million annually. A fall may sound like a minor accident, but often it can cause serious injury, particularly when it involves older adults.
Unfortunately, many of the accidents in New York City involving a fall or a slip –leading to personal injury or death–are caused by someone else’s negligence and are entirely preventable. In those instances the negligent party may be held accountable for any injuries and other damages that their actions or inactions caused. If you have been injured in a slip and fall accident, you should get the advice of New York slip and fall lawyers to understand your rights and your legal options. At the Law Office of David S. Leigh, our attorneys can help. If you or a loved one suffered an injury, contact top rated lawyer David S. Leigh today (212) 843-0907.
In New York accidents happen. And sometimes a fall is merely that–an unfortunate accident. However, negligence is when another party is responsible and the accident was avoidable.
In these cases, the fall may be the result of a danger or obstacle that was not properly attended to, causing an accident and injuries to an unsuspecting victim. This is what lawyers refer to as a slip and fall accident when defining personal injury in the US.
Slip and fall accidents fall under New York premises liability law. This says that a property owner may be liable for accidents and injuries that are caused by unsafe conditions of the sidewalk resulting from their negligence. Property owners, both public and private, have a legal responsibility to keep their property including the sidewalk safe for all who use it and could slip, trip or fall on it. When they fail to do so, it may be considered negligence, and that party may be held accountable for any costs associated with the resulting injuries.
Just because a fall resulting in injury takes place on another party’s property, it does not necessarily mean that it can be considered for a premises liability claim. Negligence must have factored into the accident. Get a consultation with an experienced NYC personal injury lawyer to understand if you have a valid slip and fall claim. If you or a loved one suffered a personal injury, contact seasoned NYC lawyer David S. Leigh today (212) 843-0907.
Premises liability laws in the US were created to keep individuals safe from injury when on someone else’s property and property owners are accountable for the safety of those individuals. It’s not news that not all premises liability accidents in NYC are fall related.
Other accidents resulting in injury may be grounds for a premises liability claim such as elevator accidents, inadequate building security, safety and building code violations, and other matters of owner negligence. Anytime there’s a new case of someone being injured during a fall or a slip due to an owner’s negligence, it may be considered under premises liability law. It is advisable to contact an attorney to see if you have a slip and fall injury case.
New York injury attorneys believe most premises liability accidents involving a fall or a slip could have been prevented had the property owner taken the time, effort, the right precautions and some new measures to ensure the safety of those who used their property. When the owner had the knowledge, resources, opportunity, and time to make changes or repairs that would prevent slip or fall and failed to do so, it is a matter of negligence and the person who was injured can be entitled to compensation.
In case you have been injured on someone else’s property and you suspect negligence, it is critical to get the assistance of experienced New York injury lawyers to understand if you have grounds for a claim to hold the property owner accountable for your fall. The top-notch team of lawyers of the NYC Law Office of David S. Leigh has dedicated years to fall victims and their families to ensure that they are fairly compensated for their injuries. If you or a loved one suffered an injury in New York, contact an experienced fall lawyer today (212) 843-0907.
Slip and fall accident in New York is nearly as common as a car accident. The slip or a fall can happen almost anywhere near you, including:
No matter where you were injured, in NYC private or public space, in case negligence was a factor, you could have a potential personal claim. But any fall lawyer knows that slip and fall claims and negligence are difficult to prove and liability is hard to establish. Without the skill of an experienced New York slip and fall attorney, you may be doing yourself a grave disservice.
Call the personal injury lawyers from the Law Office of David S. Leigh in New York to help you understand whether you have a valid slip and fall claim and what you will need to do to prove your case. Our attorneys can help you hold negligent parties accountable for your fall or slip which resulted in injuries, call now (212) 843-0907.
Flooring and other walking surfaces are the most common causes of slip and fall accidents in New York today, accounting for almost 55 percent of all trip and fall accidents that happen. These can be due to:
Such hazard is a common case, particularly in commercial, industrial, or public places as well as construction sites. For those who own these properties, regular maintenance and housekeeping is essential to ensure that all walking surfaces are safe and people who use them do not fall. Property owners owe a duty of care to those who use their property and must take personal reasonable care and have workers eliminate hazards on flooring surfaces and walkways by:
While it is impossible to control weather conditions in the city, property owners must always consider safety, particularly during the winter months. Both property owners and municipalities have a legal obligation to keep surfaces safe by shoveling and salting walkways and stairs. Unfortunately, weather-related accidents result in some of the most serious and costly accidents each year and some of the largest trip, slip and fall claims.
There are particular occupations that are at high risk for on-the-job and slip and fall accidents. These can include:
A key to preventing accidents in the workplace is appropriate and adequate training and the proper tools to stay safe while at work. Failure on the part of the owner or employer to provide this can leave them liable for any injuries and resulting damages.
The US National Safety Council reports that falling is one of the leading causes of injury-related fatalities in older adults, with over 8 million elderly individuals being treated in emergency rooms in the US each year. Although these often happen at home, they also happen in senior care facilities, many due to the negligence of the owner and staff.
Consider these statistics from the CDC:
Assisted living and long-term care facilities owe their patients a duty of care and a safe place free from harm. And yet we see many elderly patients sustaining injuries due to avoidable hazards.
Particularly in places where the population has issues like lack of mobility and cognitive impairment, it is critical that the owners and staff take all precautions to ensure the safety for these vulnerable adults. When an older adult sustains injuries in a care facility, the owners or administrators may be liable.
While premises liability and slip and fall accidents are usually the responsibility of property owners, the fault can also lie elsewhere, depending on the situation. Responsibility and liability can fall on:
The new injuries sustained in slip and fall accidents can vary from the very minor to life-threatening, including:
While many injuries sustained in a slip and fall accident will heal with time and appropriate medical intervention, some victims are impacted for life. According to the CDC, over 17,000 people die each year due to slip and fall injuries. It’s nearly 36 times less than cancer mortality but could easily be reduced and save thousands of lives.
In the US personal injury claims and lawsuits are centered around the concept of negligence. Negligence is defined as a “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
To prove that negligence factored into a fall, certain elements must be proven:
Although this may seem straightforward, proving negligence and claiming compensation in a slip and fall claim in the US can be complicated. Typical issues that must be supported are:
Having the personal representation of an experienced injury lawyer ensures that you will be ready for these questions and have the power of evidence to support your answers. If you or a loved one suffered an injury, contact the top-notch lawyer David S. Leigh today (212) 843-0907.
If you have been injured in a slip and fall accident in the city of New York, you should not try to handle it alone but instead get the assistance of an attorney. With the proper legal help, you may be able to be compensated for your injuries and other damages, including:
After a slip and fall accident, call the skilled New York slip and fall attorneys at the Law Office of David S. Leigh, P.C. With lawyers who have years of experience on your side you can have a higher chance to receive the compensation. Our lawyer will:
If you have suffered injuries as the result of someone else’s negligence and want to determine liability and try to receive compensation, you can rest assured that you are in good hands with our attorney. If you or a loved one suffered an injury contact the Law Office of David S. Leigh, P.C today (212) 843-0907.