Bronx Slip and Fall Attorney
The Centers for Disease Control and Prevention (CDC) estimates that more than nine million people suffer injuries from unintentional falls each year, with those over age 65 at the highest risk for injury and fatality. In fact, the New York Department of Health reports that 100,000 seniors visit emergency departments in New York each year because of falls, with more than 50,000 requiring hospital stays, and more than 1,000 resulting in a fatality.
Although accidents might occur anywhere, when they happen on another person’s property, victims might be entitled to recover damages from the property owner. If you have been injured in a slip and fall accident contact Ivan Diamond, experienced Bronx slip and fall attorney, at The Law Offices of Ivan M. Diamond at (718) 588-2000 to schedule a free case review.
My Results in Slip and Fall Cases
I have extensive experience negotiating, settling, and litigating personal injury cases, including those that involve slip and falls. In recent years I have recovered millions of dollars in damages for my clients. Some recent cases include:
- $215,000.00 for a woman who slipped on water leaking from an air conditioning unit.
- $225,000.00 for a woman who sustained knee injuries when she slipped and fell walking to the bathroom from the hospital bed.
- $300,000.00 for a tenant who slipped when exiting her bathtub because of falling wall tiles that the landlord neglected to repair.
- $320,000.00 for a client who slipped on water from children’s water balloon fights in the lobby of her apartment building.
- $350,000.00 for a client who sustained multiple back and neck injuries after slipping on freshly painted stairs.
- $420,000.00 for a pedestrian fractured an ankle after partially falling into an open sidewalk cellar door.
These are examples of past verdicts and settlement, but there is no guarantee of an outcome in any particular case. What I can guarantee, however, is that I work my hardest to achieve the best possible outcome for each and every one of my slip and fall clients.
About Slip and Fall Accidents
A wide array of situations might result in a fall that causes injury. What we call slip and fall accidents generally include any kind of fall (not just slipping), such as taking a spill on a wet surface, tripping over an unseen hazard, or tumbling down a flight of stairs. Here are some common property conditions that can lead to a serious slip and fall injury:
- Uncleared snow and ice on sidewalks or steps.
- Poorly constructed or maintained stairwells, including uneven steps, loose railings, and inadequate lighting.
- Falling debris from construction sites and dilapidated buildings, or falling ice from rooftops and fire escapes.
- Slippery floors from waxing, cleaning, rainwater, melted snow, or liquid spills.
- A failure to warn visitors about any of the above.
Common Slip and Fall Accident Injuries
Slip and fall injuries vary greatly depending on the particular circumstances of the fall. Twenty percent of falls result in a serious injury that can include:
- Fractured bones, especially broken wrists and arms, are common because people try to break their falls with their arms when they fall forward, but victims also break legs, ankles, hips, and more.
- Head injuries, including concussions and traumatic brain injuries—Those who fall on slippery surfaces often fall backward, resulting in some type of head trauma.
- Sprains and strains of muscles and tendons, and other soft tissue damage
- Falling often causes psychological trauma that leaves victims, particularly the elderly, fearful of falling again and prevents them from leaving their home or engaging in outdoor activities.
Damages Slip and Fall Victims May Recover
In slip and fall accident injury cases, victims might recover a variety of damages from the property owner or the owner’s insurance company. The compensatory damages victims may be able to seek include:
- Medical expense including ambulance, hospital stay, x-rays, medications, doctor visits, physical therapy, and assistive devices used for recovery such as canes, walkers, and wheelchairs.
- Future medical expenses in the event of a long-term disability or a serious injury requiring a lengthy recovery.
- Lost wages for time missed from work as a result of an injury.
- Loss of earning capacity for a lifelong disability that prevents a victim from returning to work.
- Pain and suffering victims must endure.
In certain circumstances involving gross negligence or intentional harm, slip and fall victims may also be able to recover punitive damages that punish the property owner.
Common Risks in a Slip and Fall Case
Property owners and their insurance carriers who are named in a personal injury lawsuit will use multiple strategies to avoid paying claims or damages. With the goal of not paying altogether, the defense will deny liability and may try to suggest that the victim received injuries from a previous accident. When negligent parties cannot deny liability, they may also try to shift as much blame to the plaintiff as possible. New York applies pure comparative negligence to personal injury cases, which means that a court or jury must a percentage of fault to each party in a lawsuit for damages. The victim’s damages are then reduced by the percentage of fault the victim bears for the injury.
As a result, property owners may use some of the following arguments to shift liability to the victim:
- The victim was walking on prohibited area of the property.
- The hazard which caused the fall was marked with a posted warning that the victim ignored.
- The victim was distracted on the phone or talking to another person when they fell.
- The victim was wearing unsafe shoes that caused made injuries worse.
As an experienced Bronx slip and fall attorney, I’m familiar with all of these arguments, and how to demonstrate my clients should be entitled to the maximum amount of damages.
Hire an Experienced Slip and Fall Lawyer in New York City
If you or someone close to you was injured on someone’s property in the New York City area, email The Law Offices of Ivan M Diamond or call (718) 588-2000 to schedule a free case review.
The Law Offices of
888 Grand Concourse #1L
Ivan M. Diamond
Bronx, NY 10451
Phone: (718) 588-2000
Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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