Upstate New York – Slip and Fall Accident Attorneys
The law requires that business owners, landlords and private and public
property owners maintain safe and secure premises for the use of their
guests as well as any passerby’s. In the case that a property owner
fails to do so and an individual sustains an injury due to the aforementioned
negligence, the property owner may be held liable for any damages the
victim might have sustained due to the injury. The law provides a remedy
for this injustice by allowing individuals who have been injured due to
the negligence of another to recoup compensation for the damages that
they have sustained following that particular injury. The attorneys at
Queller, Fisher, Washor, Fuchs & Kool have over fifty years of experience
representing individuals who have been injured or killed on public or
private property. Our legal team has managed to secure numerous settlements
exceeding sums of $1 million.
Nature of Compensation Available
The law allows individuals who have been injured due to a property owner’s
negligence to bring forth a slip and fall accident lawsuit in order to
recoup compensation for any damages that they might have sustained as
result of the injury. Some forms of compensation available to victims
include, but are not limited to:
Medical Bills – An injury, such as a slip and fall, can cause an individual to sustain
serious physical injuries, which might require the victim to undergo numerous
medical procedures. The exorbitant cost of these recurring medical procedures
can be financially crippling for the victim and his or her family, especially
if the medical costs are not fully covered by insurance. Consequently,
victims have the option to file a premise liability lawsuit in order to
recoup compensation for the medical costs that they have incurred.
Lost Wages – Depending on the severity of the injury, victims of slip and fall accidents
might be required to leave the workforce either temporarily or permanently.
In either case, the victim and his or her family is likely to face considerable
financial strain. Consequently, victims have the option to file a premise
liability lawsuit in order to recoup compensation for any lost income
and any damage to their future earning potential.
Pain and Suffering – This pertains to a category of non-economic damages. Victims have the option
to recoup compensation for any long-term pain and suffering caused to
their being by the accident. Compensable pain and suffering damages may
include any and all types of physical or bodily pain, physical deformities
caused by the injury, and loss of life's enjoyment.
Wrongful Death – In the case that an individual dies on public or private property due
to the negligence of the property owner, the family of the deceased may
be able to recoup compensation for any damages sustained by the victim
and his family following the accident by filing a premise liability lawsuit.
The family can claim compensation for conscious pain and suffering enduring
by the victim prior to his or her death, as well as for various types
of economic losses such as loss of income as well as the economic loss
associated with losing a spouse or a parent
Upstate New York – Snow and Ice Injury Attorneys
If an individual faces a slip and fall accident on snow or ice he or she
might have grounds to file a lawsuit against the responsible party. The
law requires that property owners maintain responsibility for their premises
by shoveling any present snow or ice. In the case that a property owner
fails to do so and an individual is injured as a result, the property
owner might be held liable for his or her negligent behavior. At
Queller, Fisher, Washor, Fuchs & Kool our premises liability attorneys have experience defending the rights
of those who have been unnecessarily injured in slip-and-fall accidents.
Our attorneys have secured a number of favorable verdicts in slip and
fall cases, amongst which there is one for $1.5 million. Our experienced
attorneys will do their very best to ensure that you receive your maximum
Injuries Resulting From Falls on Ice or Snow
Snow or ice accidents have the potential to cause serious injury particularly
in cases involving elderly individuals. Some of the common injuries resulting
from premises liability claims include, but are not limited to:
- Broken bones
- Leg injuries
- Knee injuries
- Back injuries
- Neck Injuries
- Spinal cord injuries
- Brain injuries
It should be noted that sustaining an injury is not sufficient grounds
for a lawsuit, it must also be demonstrated that the injury resulted in
economic or non-economic damages. Economic damages pertain to any medical
costs incurred due to the accident that are not covered by insurance where
as non economic damages refer to any emotion stress or pain and suffering
caused by the accident.
Consequences of Property Owners’ Failure to Maintain Their Premises
In the case that property owner’s fail to shovel, plot or salt their
property they can be held liable for accumulations of snow or ice on their
property. According to New York City law, property owners are required
to clear any accumulations of snow or ice on their property within a reasonable
time period following a storm. Typically, property owners are required
to remove any accumulation on their property within four hours of a storm.
In the case that a property owner fails to follow through on their duty
and as a result an individual is injured, the property owner can be held
liable for his or her negligence.
Nature of Compensation Available
Victims of slip and fall accidents may be able to recoup compensation for
the damages they have sustained by filing a premises liability lawsuit.
Amongst the compensable damages are economic damages such as lost wages
or medical bills. Lost wages refer to any loss of income or damage to
future earning potential, which needs to be compensated. Additionally,
victims may also receive compensation for medical bills, procedures and
medications resulting from the injury. In the case that an injury proves
to be fatal, the family of the victim may be able to recoup compensation
through a wrongful death lawsuit. In a wrongful death lawsuit, families
of victims may be able to recoup compensation for damages such as loss
of consortium, lost wages and damage to future earning potential, funeral
costs and pain and suffering.
Establishing Liability in Snow or Ice Accidents
Most commonly, accidents occur in New York City on private property or
on sidewalks, In the case that the accident occurs on private property,
the landowner or the tenant might be held liable for their negligence.
Alternatively, if the accident occurs on a sidewalk, the property owner
adjacent to the sidewalk might be held liable for his negligent behavior.
Establishing liability or fault depends on issue of “notice”.
This issue surmises a conjecture as to whether enough time had passed
between the occurrence of the storm and the accident for a reasonable
person to have taken notice of and removed the snow or ice. In order to
prove “notice” or that the defendant knew or should have known
of the dangerous condition prior to your accident, there are numerous
issues that must be carefully investigated by your attorney. Additionally,
the discovery phase of your case needs to be carried out properly if a
settlement is to be recovered.
One such issue is when the poor weather occurred. Weather reports can often
be obtained to determine how much and what type of precipitation (rain,
sleet, snow) fell on the day of your accident and on the days before your
accident. The records should be obtained from the weather station closest
to the accident location, and a certified copy of such records may be
needed for admissibility purposes in the event that your case goes to
trial. Of course, if the condition that caused your accident still exists,
photographs should be taken whenever possible. Also, an investigation
should be done to determine the identity of any eyewitnesses to the conditions
that were present at the time of your accident. Such witnesses may be
helpful at trial, or in laying the foundation for settling your case through
deposition testimony regarding the dangerous conditions.
As the litigation proceeds, your attorney will have the opportunity to
take the deposition of one or more representatives of the defendant property
owner or property tenant. Sometimes a deposition is taken of a representative
of a management company for the property. At this point, the issue of
"notice" (i.e., what the defendant knew and when they knew it)
is further investigated. A good attorney will do a full interrogation
regarding many factors that may be crucial to proving liability or fault
in your case. These include but are not limited to finding out information
regarding the following:
- The identity of any and all employees or agents of the defendant who had
opportunity to observe and/or become aware of the dangerous conditions.
- The identity of any persons whose job responsibilities included monitoring,
inspecting, or cleaning the accident location, including but not limited
to the responsibility of clearing the relevant area of snow and ice.
- Any schedules that were in effect and any practice and procedure that the
property owner or other defendant followed for inspecting or cleaning
- Any records that exist regarding any of the above, and any records that
exist regarding actual steps that were taken to clear the dangerous area
of snow and/or ice prior to your accident
If the defendant claims they actually did take steps to clear the sidewalk,
questions need to be answered regarding the manner in which it is claimed
that the sidewalk was cleared. For example, what equipment was allegedly
used to clear the sidewalk? Was a snowplow or other machinery used? Were
manual methods to clear the sidewalk such as use of snow shovels or salting
of the sidewalk employed? If so who did this and when?
The aforementioned issues are amongst the myriad of questions your attorney
at Queller, Fisher, Washor, Fuchs & Kool will investigate. Lawsuits
involving slip and fall accidents on ice normally deal with transient
conditions. A transient condition is one, which may have existed temporarily
but vanishes soon after. The property owner or tenant may defend your
lawsuit by claiming that the dangerous or defective condition never existed
in the first place. Alternatively the defendant may argue that even if
the condition did exist, they did not know about it in time so that in
the exercise of reasonable care they could have done anything about it
prior to the time your accident happened. Additionally, the defendant
might also claim that the victim’s injuries are unrelated to the
accident or that the accident did not even occur to being with. Companies
and individual’s attempting to avoid liability will attempt to put
forth a myriad of reasons. Consequently, it is imperative that you retain
a qualified and experienced attorney in the case that you have been seriously
injured as a result of a slip or fall on snow or ice.
Statute of Limitations in Slip-and-Fall Cases
In order to avoid any conflict with the statute of limitations, victims
of slip-and-fall injuries should not hesitate to contact an attorney at
the earliest. The statute of limitations is a law that specifies the amount
of time an injured individual has following an incident to file a lawsuit.
In the case that an individual fails to file a lawsuit within the designated
time period, the injured party may be forever banned from recoup compensation
for the damages that they have sustained. In New York State the statute
of limitations of slip-and-fall cases is usually three years. However,
the statute of limitations varies on a case-by-case basis, for example,
cases involving municipalities and the federal government need to be filed
within 90 days and the statute of limitations expires within a year and a half.
Favorable Settlements Secured By Our Attorneys
The attorneys at Queller, Fisher, Washor, Fuchs & Kool have secured
a number of favorable verdicts in slip-and-fall cases for our clients.
Some of the more notable ones are listed below:
- A Large recovery for a woman who suffered a slip and fall injury at a gas
station. The victim was walking toward the pay window when she tripped
over a pothole. Her fall caused a serious back injury, which required
a laminectomy and discectomy. Queller, Fisher, Washor, Fuchs & Kool's
slip and fall lawyers recovered the victim a substantial settlement in
- An individual fractured their ankle after tripping and falling in front
of a parking garage. The fall occurred due to a defect in the sidewalk's
flagstone. Due to New York's law regarding the maintenance of sidewalks,
the parking garage's failure to repair the sidewalk's defect constituted
negligence. Our attorneys obtained a substantial monetary recovery for
the victim after settling with the insurance company.
- A client suffered a fractured ankle, which required surgery after falling
in the stairwell of a New York City hotel. Our slip-and-fall lawyers hired
experts to prove that the stairwell had been designed poorly. Our experts'
conclusion led to a large recovery for the victim.
- The wife of a detective in the ICU decided to pick up food for her husband's
nurses at a nearby restaurant. As the detective's wife was leaving
the restaurant, she slipped and fell on a sheet of ice and broke her ankle.
After the insurance company failed to make any settlement offer, our firm
took the case to trial. At trial Jonny Kool was able to reconstruct the
accident and established that planters working outside of the restaurant
had caused the sheet of ice to form by leaking water. The jury returned
with a favorable verdict and awarded the victim substantial compensation
for her injuries.
Contact Queller, Fisher, Washor, Fuchs & Kool Today
Slip and fall injuries can be extremely difficult to prove due to the extraordinary
amount of burden of proof placed on trip and fall victims to prove negligence.
Consequently, it is imperative to retain a skilled attorney that will
investigate all aspects of the case, involving all the paperwork and interviewing
any and all witnesses. Additionally, a skilled attorney will be willing
to fight for justice and maximum compensation at trial. At Queller, Fisher,
Washor, Fuchs & Kool, our New York City trip and fall attorneys have
decades of combined experience representing seriously injured individuals
in premises liability lawsuits. Our law firm has a reputed history of
securing large settlements on behalf of our clients, many of which exceed
In the case that you, or a loved one, has sustained a slip and fall injury
due to another individual’s negligence, it is imperative that you
contact the New York law office of Queller, Fisher, Washor, Fuchs &
Kool today at (212)-406-1700 in order to schedule your free consultation
during which we will review the facts of your case and your legal options.
Queller, Fisher, Washor, Fuchs & Kool accepts cases on a contingent
fees basis that is; no monetary fees are expected of you unless and until
we are able to secure a favorable settlement on your behalf.