Slip and Fall Accident Lawyers
Slip and Fall Accidents
If you slipped and fell on someone else’s property and got hurt, you may want to know what your legal options are for getting compensated. The owners of a property owe it to their guests to make sure their property is safe for guests. If they don’t do what they’re supposed to, they can be held responsible for any injuries and damages caused.
If you were injured on a property, an attorney will need to figure out who the property owner is, determine whether a duty of care was owed and if there was a breach of that duty. If you succeed in your slip-and-fall lawsuit, you can reocver for things like medical bills, lost wages, and the pain and suffering you experienced because of your injuries. You should know that under New York law you generally only have three years from the date of your accident to file your lawsuit in Westchester. If the property owner was a government or municipality, your time to file a claim is even more limited and you need to act immediately. If you wait longer you may lose your chance to obtain the recovery you need and deserve.
The Law Office of Cesar Zuniga, Esq. can help you obtain justice and compensation for your slip-and-fall injury. Our trustworthy Westchester slip-and-fall lawyers are ready to help you evaluate your case, gather evidence, and make sure your claim is filed correctly and on time. Call our lawyers at (914) 600-3391 to get a free review of your case.
Causes of Slip and Fall Accidents
Slip-and-fall accidents can happen in a number of different ways and places. If the danger is obvious, it may be in a place where the victim can’t get away from it, so they can’t avoid getting hurt. This means that our slip and fall accident lawyers in Westchester, NY can often hold property owners responsible for these accidents.
Some of the most common reasons why people slip and fall include, but are not limited to:
Snow and Ice on Sidewalks and Walkways
Slip-and-fall accidents are very common in Westchester because property owners negligently leave snow and ice on walkways. Landlords and property managers are required to keep the paths on their properties clear of snow and ice. When an individual slips and falls on a snow and ice-covered walkway, they can sustain serious injuries like concussions or broken bones.
Uneven Steps, Floors and Landings
Slip-and-fall accidents in Westchester are often caused by unlevel or misleveled stairs, steps and floors. New York building codes can be broken if a property owner doesn’t fix stairs or retain floors in an unsafe condition. Our Westchester slip-and-fall lawyers can help people who hurt themselves on stairs, steps or floors obtain compensation.
Slip-and-fall accidents are often caused by spills and wet floors. These kinds of accidents generally happen in grocery stores and restaurants. When liquids are left on floors without being cleaned up, dangerous slip-and-fall accidents can happen.
Slip-and-fall accidents in Westchester are often caused by properties that are not well taken care of. There are many kinds of bad maintenance. For example, an apartment owner who doesn’t fix a leaking pipe in a common way may lead to someone getting seriously hurt. Our slip-and-fall lawyers in Westchester can help figure out if a property owner can be sued for bad or inadequate maintenance.
Lack of Railings
Stairs that don’t have handrails or ledges cause many people to slip and fall. Property owners who don’t install handrails can be in violation of various New York building codes. People who slip and fall on stairs that don’t have handrails or ledges may also be able to obtain monetary compensation for their injuries.
Walkways must be kept clear of trash by property owners. Slip-and-fall accidents are also often caused by crowded walkways. Our Westchester slip and fall lawyers can help people who have hurt themselves because a walkway was too improperly cleared or crowded.
Trip hazards are another common reason why people sustain fail injuries in Westchester. For example, if cords or wires are left out in the open, they can cause serious injuries.
Poor Lighting Conditions
Members of the public often slip and fall in Westchester because there isn’t enough lighting. If a light fixture breaks or there is no lighting fixture, it can cause someone to slip and fall and the property owner or manager can be held responsible. Our Westchester slip and fall lawyers can help people who have fallen because due to inadequate lighting.
Types of Injuries Caused by Slip and Fall Accidents
When people slip and fall, they can hurt themselves in many different ways. Some injuries are minor, while others can cause problems for the rest of your life.
Slip-and-fall accidents cause a lot of injuries, but some of them happen more often than others. Slip-and-fall accidents in Westchester often lead to the following kinds of injuries:
Traumatic Brain Injuries
A blow to the head is often what causes traumatic brain injuries. People who slip and fall often hit their heads on the floor or something else hard when they fall. Slip-and-fall accidents in Westchester are a common way to sustain a traumatic brain injury.
These kinds of injuries can cause painful symptoms that lower a person’s quality of life. Our skilled Westchester slip-and-fall lawyers can help people get money for the many damages that their traumatic brain injuries have caused.
Neck and/or Back Injuries
Slip-and-fall accidents in Westchester are also a common cause of neck and back injuries. Many people who slip and fall hurt their neck or back muscles or other soft tissues. These injuries can be very painful and cause people to miss work, which can cost them money.
People who slip and fall can sometimes hurt their necks or backs by hurting their spinal cords. Spinal cord damage can cause permanent symptoms that make life very hard for the person who has it.
Fractures and Broken Bones
When people slip and fall in Westchester, they often break bones. Broken bones can hurt a lot and may take a long time to get better. Slip-and-fall accident victims in Westchester can talk to our slip-and-fall lawyers for help getting compensation for their fractured and broken bones.
Joint injuries are another common type of injury that can happen when you slip and fall. Many people who slip and fall hurt their knees when they hit the ground. When a person’s knees are twisted, the cartilage in the joint can be hurt. When cartilage is hurt, it can cause a lot of pain and make it hard to move.
Usually, people who slip and fall use their arms and hands to stop themselves from going further. Because of this, people often hurt their wrists. For wrist injuries that are more serious, surgery may be needed. If you hurt your wrist in a slip-and-fall accident in Westchester, our lawyers can help you find a doctor who can treat it.
When a person falls and hits their face on the ground or another hard surface, it can cause injuries to their teeth. These kinds of injuries can be very painful. Dental injuries often cost a significant amount in medical bills. People who hurt their teeth in a slip-and-fall accident can seek financial compensation.
Proving Liability in Slip and Fall Accidents
In order to win in a slip and fall lawsuit in Westchester, a plaintiff must prove defendant owed a duty of care and failed to meet the duty of care. A duty of care means that someone has a legal responsibility to do everything they can to keep property guests safe.
In any slip-and-fall case, a plaintiff’s attorney must prove 1. existence of a duty of care, and 2. duty of care was breached.
In Westchester, it is the responsibility of property owners to take reasonable steps to fix any dangerous conditions that could cause harm to guests. This could mean fixing the danger so that guests are no longer in danger from it. On the other hand, it is up to the property owner to warn guests about the danger. Property owners can give that responsibility to someone else through a contract, usually with a tenant.
If the property is rented, the lease may say that the tenant is responsible for taking care of certain hazards on the property. This happens in places like restaurants and other businesses where spills happen often. In Westchester, where it snows a lot, property owners may hire snow removal services to take care of icy spots outside or in parking lots.
If you think that more than one person was to blame for your accident, you may choose to name more than one party in your slip-and-fall lawsuit. Once you know who or what is at fault, you must show that they didn’t do what they were supposed to do. This could be as simple as failing to clean up a spill that they should have known about, or as complicated as proving that a snow removal company did not use proper industry techniques to clear icy conditions from a sidewalk. Your Westchester slip and fall attorney can discuss what kind of proof you may require to succeed in your case and whom you should look to name as a defendant in your lawsuit.
Proving Duty of Care in a Slip and Fall Accident
If you were on someone else’s property legally, the owner or manager of that property has a duty to maintain the property in a safe condition. This duty is called the “duty of care” of a property owner.
There are many ways for a property owner to breach their duty. For example, if an apartment building owner doesn’t fix a broken light in a public hallway, they may have broken their duty of care. If a property owner breaks their duty of care, they can be held responsible for any damage that happens because of it. Our experienced Westchester slip and fall lawyers can help people who have fallen on someone else’s property figure out if the owner or manager of the property broke their duty of care.
Suing a Landlord Who Caused a Slip and Fall Accident
Tenants in Westchester can sue their landlords if they slip and fall and get hurt. In these cases, the person suing the landlord must show that the landlord broke their duty of care to them. This can be shown by showing that the landlord knew or should have known about a danger that could have caused harm. Some common examples of a landlord being careless are:
The landlord was told about dangers like loose handrails and broken sidewalks, but he did nothing to fix them.
A landlord didn’t try to clear snow or ice from the walkways on their property, so it built up.
Even though a landlord knew there were crimes in the area, they didn’t do enough to keep their tenants safe.
A landlord didn’t take care of their property as they should have.
People who slip and fall on rented property can talk to our Westchester slip and fall lawyers to find out if they can sue their landlord.
Proving Damages in a Slip and Fall Accident Lawsuit
If you win your slip-and-fall lawsuit, you will obtain compensation to cover the costs of your damages. This could include medical expenses, out of pocket costs, loss of earnings, and any pain and suffering you sustained.
Proving Economic Losses
In figuring out your economic damages, the costs of your injuries will be taken into account. This will mostly include the costs of your treatment, like medical bills. You can recover compensation to cover your emergency room visits, hospital stays, corrective surgeries, physical therapy, fees for specialists, and prescription drugs, among other medical costs. Make sure to see a doctor as soon as possible after your slip-and-fall accident to obtain the care you need and to keep track of how your injuries were treated.
If your injuries keep you from going to work for a while, you can also recover your lost wages and any paid time off you have to take while you heal. If your injuries keep you from doing your job for a long time, you could also try to get compensation for missed opportunities for advancement or loss of earning power.
Non Monetary Damages
The court will also pay you for effects of your injury that don’t show up on bills or receipts but are still real. Non-economic damages are the pain and suffering that a slip-and-fall victim is likely to feel as a result of their injuries. Chronic pain or a loss of function that makes it hard for a victim to go about their daily life could be examples of pain and suffering that could be compensated. These effects can make it hard for the plaintiff to enjoy life or keep relationships.
Non-economic damages are hard to estimate without more information about the victim and how their injuries affected them. An experienced slip-and-fall lawyer in Westchester can listen to your story and help you figure out how much your case might be worth.
Statute of Limitations for Slip and Fall Accidents
If you want to get paid for the injuries you got when you slipped and fell, you should act quickly. This is because you have three years from the date of the injury to file a lawsuit in New York. This is called the statute of limitations. This means that you can file your claim up until the third anniversary of the accident. If you don’t do this, you might lose your chance to get money for your injuries. If the property is owned by a governmental entity, your time to file a claim is limited to only 90 days. Call one of our Westchester slip and fall accident lawyers as soon as you can so you don’t miss your deadline.
Call our Westchester Slip and Fall Accident Lawyers
If you want to sue for the injuries you got when you slipped and fell, you may not have much time left. Call our experienced slip and fall lawyers in Westchester at (914) 600-3391 for a free review of your case.
Our attorneys can also assist with other types of accident matters.
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