Trust Your Slip and Fall Case to Hach & Rose, LLP
Property owners who neglect high-traffic areas and cause injuries should face accountability for their negligence. Additionally, dangerous premises can cause severe injuries, such as broken bones, traumatic brain injuries, and spinal cord injuries. Furthermore, having a slip and fall lawyer by your side significantly increases your chances of winning a successful personal injury claim.
Moreover, if a trip or slip and fall accident in New York has injured you, you may be entitled to compensation for your injuries.
About the Slip and Fall Lawyers at Hach & Rose, LLP
Our New York personal injury attorneys have represented people in New York City and throughout New York since 2002. Hach & Rose, LLP is proud to have some of the finest personal injury attorneys in New York, with accomplishments including:
- AVVO ratings of 10
- Members of the Million and Multi-Million Dollar Advocates Forum
- Rated by National Trial Lawyers Top 100, Super Lawyers, Best Lawyers, New York Magazine, U.S. News, World Reports, and more.
At Hach & Rose, LLP, an experienced New York slip and fall injury lawyer can protect your rights, collect evidence, and properly document your injuries. Call us today or call us at (212) 779-0057 to schedule a no-obligation, free consultation so we can discuss all your legal options.
What to Do After a Slip, Trip and Fall Accident
Have you been seriously injured in a slip, trip and fall accident in New York? It’s critical that you act promptly to protect your rights. We strongly advise you to take the following steps:
1. Immediately Seek Medical Attention
Prioritize your health and safety after a slip and fall, even if you don’t immediately notice injuries. First and foremost, promptly seek medical attention because a doctor can identify and treat hidden injuries, which is crucial for recovery and for obtaining legal documentation to support compensation for medical bills.
Furthermore, getting immediate medical attention also timestamps your injuries, preventing defense arguments about their cause. On the other hand, failing to see a doctor promptly can weaken your case, as it can be claimed that your injuries weren’t caused by the accident. Consequently, without proper medical records to justify your medical expenses, your chance of receiving compensation may be compromised.
2. Report the Trip, Slip and Fall Accident
Regardless of the location of the slip and fall, promptly report it to a manager, owner, or landlord. Ensure that you obtain written details and request a written report from the manager, owner, or landlord. If you have your phone, consider taking pictures of the area or your injury if feasible.
Visit the New York State Senate website to learn more about the eavesdropping law in N.Y. Penal Law Article 250.
3. Limit Communication with Business Owners, Homeowners, and Witnesses
To minimize communication, avoid describing how you slipped and fell or admitting fault when reporting the accident. Furthermore, some slip and fall cases have lost value because victims explained their fall, accepted blame, or downplayed injuries.
Slip and Fall Accident on a Homeowner’s or Friend’s Property
If you slip and fall on a homeowner’s property, inform them about the incident but aim to minimize discussion about it. Additionally, if the slip and fall occurs on a friend’s property, understand that attorneys usually pursue compensation from homeowner insurance policies rather than the defendant’s assets. Consequently, in such instances, the insurance company typically covers the claim. To be proactive, obtain the homeowner’s name and gather their insurance information if possible.
What (Not) to Say to an Insurance Company Investigator
It’s important to note that once your case is reported, you may be contacted by investigators on the opposing side. First and foremost, do not speak with insurance company representatives and never admit or accept blame.
Additionally, avoid discussing how the accident occurred, as it could jeopardize your ability to successfully claim compensation. An insurance adjuster or investigators may record your statements and use them against you to argue against compensation for your slip and fall injuries.
If an investigator or insurance representative presses you for information, tell them that you’ve hired a slip and fall lawyer, and the investigator can speak with them directly. However, if you have not hired one yet, you should do so immediately.
4. Document Everything for Your Personal Accident Report
Take the initiative to gather evidence and important information about your slip and fall incident in one place. Creating your own accident report will help your lawyer and be valuable throughout your case.
Take Lots of Photos!
Firstly, take plenty of photos of the exact location where you slipped and fell. Secondly, be sure to capture pictures of any stairs, puddles, icy patches, weather conditions, or any other hazardous circumstances that contributed to your fall. This kind of crucial evidence can significantly increase your chances for compensation.
Take Notes!
Next, jot down notes about what you were doing before the accident, how you slipped and fell, the date and time of the accident, and any other pertinent details. Importantly, do not wash or clean the clothes and shoes you wore during the accident. Any damage or blood on your clothes could serve as evidence of the seriousness of the accident.
It is crucial to understand that the more evidence you have proving the legitimacy of your slip and fall accident, the better. Remember, the insurance company is not on your side; they do not want you to file a successful claim.
Why Is Documenting So Important?
Lastly, a video camera that recorded the scene could be wiped clean or deleted, or the hazard could be fixed before you photograph it. Therefore, it is imperative that you gather evidence before it can disappear. Do not trust that the property owner or their representation will preserve the scene.
5. Gather Witness Information
Collect all potential witnesses’ names, addresses, and phone numbers, as their statements could help provide vital evidence should you choose to pursue a legal claim. Having witnesses can prevent the defense from trying to deny your version of events. An experienced attorney will immediately contact an investigator to take statements from witnesses and document notes about the scene. These witnesses could be crucial in your case and can verify your version of events and testify on your behalf.
6. Do Not Miss Doctor’s Appointments
When you miss medical appointments, jurors may assume that you were not seriously injured or have begun to heal whenever you began missing appointments. The same goes for if you refuse any recommended medical treatment. If you don’t follow your medical treatment plan, the people defending will claim you are not severely injured.
7. Speak with a Slip and Fall Lawyer
It’s very important that you discuss your case with an experienced New York premises liability attorney. The more you know about what to do after a slip and fall accident, the greater your chance of recovering compensation. At Hach & Rose, LLP, we’re committed to helping victims and families learn about their rights and available legal options. We have the resources to help you fight against insurance companies that don’t want to provide the compensation you deserve.
What Is Slip and Fall Premises Liability?
Slips, trips, and falls are categorized under the area of law known as premises liability. Premises liability encompasses claims that happen on private or public property due to someone else’s negligence. Every property owner has a duty of care to others. They legally have to take reasonable steps to prevent injuries on the property. When they fail to take these steps, property owners can be held liable for the resulting injuries and damages.
Know Who Is Accountable for Negligence
Property owners have a nondelegable duty to maintain their property in a safe manner. This means the safety of their property cannot be delegated to someone else; they are held accountable for incidents that occur on their property.
A property owner’s negligence can be adjudicated if they have notice of dangerous conditions. If the property owner has actual or constructive notice, these are both situations in which they can be held accountable.
Actual Notice
Actual notice is when a property owner is aware, and has also been directly informed of the dangerous condition. It also means the defendant knew about the condition and should have done something about it.
Constructive Notice
Constructive notice is a little more nebulous. Most often, the dangerous condition existed for so long that it would be reasonable to assume that they would, or should, have known about it. An example could be leaky pipes constantly causing puddles on a slick surface, which should have been fixed long ago.
Types of Injuries that Result from Slips and Falls
Take any injury seriously, even if a simple fall may not seem severe. While it might appear to be the result of clumsiness, the injuries could be significant. These types of accidents can lead to severe injuries such as:
- Traumatic brain injuries
- Broken bones
- Sprained joints
- Dislocated shoulders
- Muscle strains
- Spinal cord injuries
- Nerve damage
- Head injuries
Seek immediate medical attention after your fall since many injuries may not be immediately apparent. A healthcare provider can examine you for injuries not visible to the naked eye. Additionally, injuries may develop in the days following your accident. Visiting a doctor promptly is crucial for establishing a record of the incident rather than dismissing it as insignificant. If your injuries worsen later, you can follow up with your doctor.
Fall Accidents on Municipal Grounds
If your trip and fall or slip and fall case occurred on municipal grounds, also consider the variations in requirements between local and city governments. Dealing with a municipality may entail different filing requirements, including strict deadlines.
Missing the deadline could result in forfeiting your chance to file. An experienced slip and fall attorney will be aware of these deadlines, underscoring the importance of hiring one.
Is It Public or Private Property?
Sometimes, distinguishing between public and private property can be challenging. In slip and fall cases, the court will decide if the injury site is privately owned and if the property owner should have taken preventive measures.
Typically, it’s simpler to hold a property owner responsible for indoor slip and fall accidents than outdoor ones. An experienced New York slip and fall lawyer from Hach & Rose, LLP can assist you in holding negligent parties accountable, regardless of where the incident took place.
Weather-Related Accidents
Have you ever wondered why businesses or homeowners neglect icy sidewalks? They are obligated to maintain them. Property owners have a “reasonable” timeframe to address snow and ice, so timing is crucial.
For instance, if you slip during a snowstorm, you might not have a case as the storm is ongoing. However, if inadequate snow removal leads to ice, your fall shouldn’t have occurred. In such cases, reaching out to an experienced slip and fall lawyer can make all the difference,
The Slip and Fall Dangers of Ice and Snow
Snow and ice can build up in many ways due to an improperly maintained building. Ice or snow may accumulate on the roof, melt, and refreeze below on the sidewalk. Similarly, large parking lots can be a pain to keep clear, but if there are large, dangerous ice patches, they should be removed for everyone’s safety.
The Obligation to Provide a Safe Path
Many property owners neglect thorough snow and ice removal. Even if a path is initially cleared, foot traffic can pack down the snow, leading to icy surfaces. Moreover, some businesses fail to apply salt after shoveling, resulting in snow turning into ice. Property owners must ensure safe pathways, especially in winter.
The Weather Makes a Difference in Personal Injury Cases
An average person may perceive a slip caused by weather conditions as straightforward. However, in reality, crucial details about the weather can determine the outcome of your premises liability case. Failure to consider these intricacies may result in lost compensation for wages and medical expenses. To strengthen your case, a skilled slip and fall attorney will engage an expert, like a meteorologist, to provide testimony on your behalf.
Municipal Liability – 90-Day Notice of Claim Rule
Anyone filing a claim against New York State or most local governments must first file a Notice of Claim. In most cases, there is a strict deadline of 90 days to file your claim or forfeit any right to do so. Failure to file on time may result in the dismissal of your case, regardless of its viability.
A notice of claim requirement applies to the City of New York, the New York City Transit Authority, the New York City Housing Authority, or any other municipality outside of NYC.
How Long Do I Have to File a Lawsuit?
In New York, you have a limited time after an accident to file a slip, trip, and fall lawsuit. The timeframe for legal action usually ranges from 90 days to three years, depending on whether the incident took place on private or government property.
If your injury resulted from the actions of the City of New York, the New York City Transit Authority, the New York City Housing Authority, or another municipality outside of New York City, you must file a notice of claim within 90 days of the accident.
Failure to meet the 90-day deadline, you cannot pursue the claim against the government. The statute of limitations for a non-municipal negligence case in New York is three years; the deadlines are generally much shorter for a municipal case.
Administrative Code, section 7-210
The New York City Sidewalk Law, also known as Section 7-210 of the New York City Administrative Code, shifts liability for sidewalk accidents from the City of New York to real property owners.
“a. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including but not limited to the intersection quadrant for the corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition.”
While Administrative Code, section 7-210 applies to Brooklyn, Bronx, Queens, Manhattan, and Staten Island, all other municipalities throughout New York have specific rules governing sidewalk maintenance responsibility. Determining whether it is a municipality or a private owner can be complex. An experienced slip and fall lawyer can help identify and hold accountable the liable parties for their negligence.
Prior Written Notice Law
With municipalities, there is a “prior written notice law” that essentially says the municipality must be notified of the defect that caused the accident in writing. The law requires that municipalities maintain their streets and highways in a reasonably safe condition for people who use them.
According to the prior written notice requirement, which is codified in Section 7-210 of the New York City Administrative Code, anyone pursuing compensation for injuries resulting from a defective condition on “street, highway, bridge, wharf, culvert, sidewalk or crosswalk” in New York City must comply with the prior written notice requirement.
Actual Notice, Constructive Notice & Created Condition
With any slip, trip, or fall accident, you have a concept of “notice.” There is actual notice, which means the defendant knew about the condition and should have done something about it, constructive notice (the defendant should have known about it), and created condition (the person within the control of the defendants did something to create the condition).
Determining Actual Notice
One of the first steps Hach & Rose, LLP takes when investigating a slip and fall accident on a sidewalk or other city property is to determine whether the defendant and/or responsible party had knowledge of the defect before the accident occurred. Our attorneys sometimes find that people have already complained about a cracked, broken, sunken, or uneven sidewalk and that the defendant failed to repair it. However, even if we find the city did not have prior written notice, you may still have options for pursuing financial compensation.
Determining Constructive Notice
You may have a claim against the private or commercial property owner whose property borders the section of the sidewalk where your accident occurred. Property owners are generally responsible for ensuring their storefronts, entryways, and sidewalks are safe. If they fail to do so and a dangerous condition causes injury, they may be held liable.
In such cases, the property owner need not have received written notice of the defect. As long as the owner knew or should have known about the hazardous condition, they were obliged to remedy it.
The Hach & Rose, LLP Attorneys Working for You
If you have been injured in a slip, trip, and fall accident in New York, the committed legal team at Hach & Rose, LLP is ready to help you. Our skilled and compassionate attorneys have earned the trust of countless New York injury victims by helping them get real results — just check out our real client testimonials. Call now at (212) 779-0057 to schedule a no-obligation, free consultation.