Bronx Slip and Fall
Landlords, business and private property owners have the responsibility to provide safe and secure premises for their guests. In the case that property owners fail to do so and an individual suffers an injury on a hazardous section of the property due to the owner’s negligence, the property owner can be held liable for his or her failure to provide safe and secure premises. The law holds the responsible parties accountable by allowing victims who have been injured in such accidents to recoup compensation for any damages that they might have sustained as a result of the injury. At Queller, Fisher, Washor, Fuchs & Kool our attorneys have over fifty years of experience in representing individuals who have been injured or killed in accidents on public or private property. Our attorneys have secured many favourable verdicts in sums exceeding more than $1 million in premises liability lawsuits on behalf of our clients.Nature of Compensation Available
Individuals who have been injured on either public or private property due to the property owner’s negligence may be entitled to receive compensation for the damages that they have sustained as a result of the injury. In a premises liability lawsuit, victims may be able to recoup compensation for the following:
- Lost Wages: Depending on the severity of the injury, individuals may be forced out of the workforce for a significant amount of time. In certain severe cases, individuals may also be forced out of the workforce permanently. Consequently, individuals can face considerable financial strain as a result of their injury. In the case that the injury has been caused by the property owner’s negligence the victim may be able to recoup compensation for any lost wages or any damage to their future earning potential.
- Medical Bills: In certain cases, an injury suffered on private or public property can cause serious physical trauma and force the victim to undergo several medical procedures. The exorbitant cost of medical procedures can place significant financial strain on the victim and his or her family, especially if their insurance is unable to cover the costs. By virtue of a premises liability lawsuit, victims may be able to recoup compensation for any medical costs related to their injury.
- Pain and Suffering: In addition to being compensated for economic damages, victims may also be compensated for non-economic damages such as long term pain and suffering the victim has had to endure resulting from the accident. Compensation 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 due to an accident on a public or private property which was caused by the property owner’s negligence, the family of the deceased victim may be able to bring forth a lawsuit against the allegedly responsible party. The family may be able to recoup compensation for conscious pain and suffering endured by the victim prior to death as well as various categories of economic loss including, but not limited to, lost income and the economic loss associated with losing a spouse or a parent.
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 mediation.
- 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.
The results of a trip and fall accident can be potentially disastrous. This might involve a myriad of serious injuries such as broken bones, brain injuries and in some certain severe cases, even death. As a result of these injuries, victims and their families may be forced to endure a number of hardships such as significant financial hardships including lost wages due to missed time at work and costly medical bills resulting from extensive medical procedures not covered by insurance. Additionally, victims may also be forced to endure a number of emotional hardships. In the case that the injury resulted due to another individual’s negligence, the victim may be able to recoup compensation for the damages he or she has sustained as a result of the accident by filing a premises lawsuit against the responsible party. At Queller, Fisher, Washor, Fuchs & Kool our Bronx trip and fall lawyers have been representing the individual who have been injured in premises liability cases for over fifty years. Having dealt with numerous cases of this type, our attorneys can empathize with the victims and will do their very best to ensure that our clients receive the maximum possible compensation that they deserve.Causes of Trip and Fall Accidents
Not all trip and fall accidents are the result of negligence and only certain types are likely to present grounds for a lawsuit. The following constitute some of the most common causes of trip and fall accidents that result in accidents:
- Falls on broken pavement
- Broken stairwells
- Uneven rugs or carpets
- Unmarked curbs or steps
- Missing handrails
- Tripping on fallen merchandise at grocery or convenience stores
- Insufficient lighting
- Exposed cables or wires
While ay of the following incidents might be the result of negligence, However, in order to file a claim it must be established that negligence directly caused the incident.Components of a Valid Trip and Fall Lawsuit
The occurrence of a trip and fall accident does not present sufficient grounds for a lawsuit. In order for their to be a valid trip and fall lawsuit, the following criteria must be met:
- Negligence: In order for there to be a valid claim it must be proven that negligence caused the injury. Negligence occurs when an individual breaches his or her duty of care. A duty of care is defined as the legal obligation an individual has to another party to act with a certain degree of caution whilst carrying out activities that might be potentially dangerous to others. For instance, if an individual trips and falls on a defective sidewalk, the owner or lessee whose property is adjacent to the sidewalk may have been negligent if the defect was present long enough for them to have been aware of it.
- Causation: Additionally, it must be proven that the negligence under consideration directly caused the injury to the victim. For example, in the case that an individual trips and injures him or herself on a defective sidewalk, the victim will only have a valid claim in the case that the defect directly caused the accident under consideration. If the victim falls on the sidewalk, but the defect did not directly cause the fall, they would not have grounds for a claim.
- Damages: In addition to negligence and causation, the injury has to have caused the victim damages for them to be eligible for compensation. Damages are classified as any economic or non-economisc loss. Economic damages are any financial hardship caused by the injury, such as lost wages, damage to future earning potential, or high medical bills. Emotional distress, loss of life's enjoyment, and any pain and suffering related to the accident qualify as non-economic damages.
Premise liability cases 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 $1 million.
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.