Bronx Slip and Fall Attorney
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 Bronx 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.
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.
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.
Slip and fall accidents or trip and fall accidents are a subcategory of premises liability accidents. Even if you think a slip or trip and fall was your fault, you should always speak with an attorney about the incident. This is especially true if you suffered injuries, like a concussion or broken bones. Slip or trip and fall accidents happen for many reasons, including wet floors, debris on the floor, a wet or icy walkway, or cords left across the floor.
If you suffered injuries in a slip or trip and fall accident, contact Diamond Injury Law for a free case evaluation.
What do I have to prove in a Bronx slip or trip and fall case?
To succeed in a slip or trip and fall case, you must show that the other party had ownership and control of the property where you suffered the injury, that a dangerous condition caused your accident, and that the owner or person controlling the property knew about the dangerous condition.
Are any conditions exempt in the Bronx?
Yes, New York City Administrative Code exempts some conditions, and the exemptions depend on the type of property and the type of “dangerous condition.”
Can I recover damages if I trip and fall in my friend’s house in the Bronx?
In some cases, yes. Like other property owners, your friend must have known, or should have known, that the dangerous condition existed but failed to warn you about it. Usually, in this sort of situation, you would seek damages from your friend’s property insurance carrier.
Can I recover damages if I slipped on a spill in a Bronx grocery store?
If you can prove that the spill was not cleaned up promptly and that the store employees or a supervisor knew about the spill, you might recover damages in this situation. If this happens to you, you should report the incident to the store manager immediately after the accident and ask for the store owner’s contact information and the store’s insurance policy information.
Does a Bronx residential building owner have to remove snow and ice?
Yes, whoever has control of a building, whether it is the owner, a lessee, a tenant, or another occupant of the building, generally has four hours after the snow stops falling to remove snow and ice. If they cannot remove the ice without damaging the sidewalk, the person in control must put ice melt, sand, or another medium to prevent people from slipping on the ice. This rule does not apply to nighttime hours. If you injure yourself by slipping on ice, you may have a claim if the person in control did not abide by the New York City Administrative Code.
Can more than one person share liability in a Bronx slip and fall case?
Depending on the circumstances, more than one person may share liability. If a lessee does not keep the property reasonably free of danger, the property owner, in some circumstances, may share liability. A management company might also share in the liability.
Do I need a lawyer for a Bronx slip and fall case?
Yes. Slip or trip and fall cases are often difficult to prove. A Bronx slip and fall attorney might retain investigators to help prove your case. Attorneys also know the ins and outs of premises liability law, which makes it harder for the defendant’s insurance company to deny your claim or offer a pittance of a settlement.
Keep in mind that insurance companies are in business to make money. They’ll often use anything you say against you, even if they have to twist your words, to deny your claim or offer you an unfair settlement.
What kinds of injuries do people usually suffer in Bronx slip and fall accidents?
Slip and fall injuries depend on the situation and range from bumps and bruises, cuts and scrapes, simple and compound fractures, strain, sprains, and pulled or torn muscles to more severe injuries such as traumatic brain injuries, internal injuries, and spinal cord injuries. Never assume you are not hurt and always seek medical attention immediately after a slip and fall or a trip and fall accident.
What kinds of damages might I recover after a Bronx slip or trip and fall accident?
If you have a legally cognizable claim against someone else for causing your slip or trip and fall injury, you might recover economic damages, and in some cases, non-economic damages.
Economic damages can include past and future medical expenses, past and future lost wages, damaged personal property, and, in the event a loved one dies from a slip or trip and fall accident, funeral, burial, and/or cremation expenses.
If a slip and fall accident causes injuries that lead to long-term or permanent disabilities, or the death of a loved one, you might also recover compensation for non-economic damages such as:
- Pain and suffering;
- Emotional distress;
- Loss of quality of life;
- Loss of companionship;
- Loss of consortium;
- Loss of use of a body part;
- Loss of use of a bodily function;
- Disfigurement; and
- Excessive scarring.
Contact Our Bronx Slip and Fall Attorney
After a slip or trip and fall accident, always seek medical attention, even if you think your injuries are minor, especially if you might have hit your head when you fell. Some symptoms don’t manifest for a few hours or even a day or two after the accident. Always let the owner, tenant, manager, or someone in control of the property know about the accident.
If your injuries are such that you are in the hospital for some time, do not wait to call an attorney. We can meet with you via video chat or come to your hospital room to meet with you. Contact the Law Offices of Ivan M. Diamond as soon as possible for a free case evaluation.
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.
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 Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451
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The Law Offices of Ivan M. Diamond888 Grand Concourse #1L 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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