Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Brooklyn Slip and Fall

Private property owners, business owners, and landlords have the obligation to provide safe and secure premises for their guests. In the event that they fail to do so, the owners may be liable for any subsequent injuries that occur. If an individual suffers an injury on another person's property, they may have grounds to file a lawsuit if negligence was the cause of the incident. At Queller, Fisher, Washor, Fuchs & Kool our Brooklyn slip and fall lawyers have over fifty years of experience dealing with premises liability cases.

Have you recently suffered an injury after slipping and falling on private property? Do you believe your fall occurred do to the homeowners negligence? If so, you may have grounds for a lawsuit. Give us a call at 212.406.1700 or contact us online to discuss your legal options today.

Common Premise Liability Cases in Brooklyn

Our firm has dealt with numerous slip-and-fall and premise liability related accident cases, including, but not limited to:

  • Slip-and-Fall
  • Trip-and-Fall
  • Passer-by or pedestrian injuries at job or construction sites
  • Public building injuries
  • Retail store injuries
  • Restaurant related injuries
  • Injuries from collapsing stairwells or porches
  • Slip and fall injuries received in a residential home or on residential property
  • Faulty handrails, elevators or escalators
  • Swimming pool injuries
  • Rape, robbery or assault on private or public property
  • Amusement park injuries
  • Playground injuries
Common Causes of Slip-and-Fall Injuries in Brooklyn

While there are several reasons why such an injury might occur, not all of them constitute grounds for a lawsuit. It is possible that your injury was due to negligence if it occurred as a result of any of the following reasons:

  • Wet or slippery floors
  • Defective or poorly maintained sidewalks
  • Snow and Ice
  • Slips near swimming pools
  • Convenience store falls
  • Debris in walkways
  • Uneven steps or stairs
Components of a Slip-and-Fall Accident Lawsuit

In order for there to be a valid lawsuit, the plaintiff must be able to prove at least one of the following:

  • The property owner created or caused the creation of the hazardous area in question that caused the injury
  • The property owner had knowledge of, or could reasonably foresee the potential harm arising from the hazardous area.
  • The property owner had constructive notice. Constructive notice refers to the idea that the hazardous area in question was fairly prominent and had been there for some time causing any reasonable person to notice it and make repairs

Additionally, it must be proven that the responsible party’s negligence directly caused the accident. In the case there was no direct correlation between the negligence and the injury, the individual may not be held liable. Lastly, the sustenance of the injury must have caused some economic or non-economic harm to the victim. Economic harm refers to lost wages, high medical bills and lost worker’s compensation. Noneconomic harm refers to any physical harm or emotional trauma the victim might have endured as result of the injury.

Types of Compensation Available to Victims in Brooklyn Trip and Fall Cases

Compensation available to individuals who have suffered an injury after a trip and fall on private property includes but is not limited to:

  • Lost Wages: When an individual is forced to miss an extended period of work due to their injury, they may be able to recover compensation for any lost wages. Additionally, the victim can also recover compensation for any damage to their future earning potential.
  • Medical Bills: An injury can result in surgeries and multiple visits to the doctor’s office. In some cases, the victim’s insurance does not cover the very high medical costs. Consequently, victims have the ability to bring forth a lawsuit against the responsible party to receive compensation for the medical expenses they have incurred as a result of the injury.
  • Pain and Suffering: In addition to economic loss, individuals may also be compensated for any physical or emotional trauma they might have undergone as result of the injury.
The Statute of Limitations in Brooklyn Trip and Fall Cases

The Statute of Limitations is a law which limits the period of time an injured individual has to bring forth a lawsuit against the party responsible for their injury. If the individual fails to file the claim within that time period, he or she may be forever barred from receiving the compensation that they may deserve. In New York State the statute of limitations for premise liability cases is usually three years. However, the time period varies depending on the party being sued, whether it’s a municipality or a private owner, as well as on the age of the injured victim. Consequently, in order to avoid any conflict with the statute of limitations it is imperative that you contact a trip and fall attorney at Queller, Fisher, Washor, Fuchs & Kool today at 212.406.1700 in order to discuss your legal options.

New York State Premise Liability Law Regarding Sidewalk Falls and Injuries

Prior to 2003, New York State placed no legal obligation on owners or lessees of property to maintain sidewalks on or near their premises. Consequently, individuals had to file suits against the City of New York, which was fairly problematic considering the success rate. However, in 2003, the legislation was altered and liability was placed upon commercial landowners, lessees and some residential owners to maintain the sidewalks in front of or adjacent to their property. Consequently, the process for filing a lawsuit and receiving compensation has been simplified for slip-and-fall victims.

Brooklyn Snow & Ice Injury Accident Attorneys

Considering New York’s weather conditions for the majority of the year, it’s no surprise that a large portion of slip-and-fall injuries occur due to accidents on snow or ice. Property owners, according to New York State law, are responsible for maintaining the area on and around their premises, including salting and shoveling the ice or snow. In New York City, residential, commercial and private property owners are responsible for clearing any accumulations caused by snow and ice within a reasonable time period after the conclusion of a storm. Generally, a reasonable time period of four hours is allotted for such cases. In the case that a property owners fails to respond to the accumulations within a reasonable time period they can be held liable if an injury occurs as a result.

Common Injuries Resulting from Snow and Ice Slip-and-Fall Accidents

Snow and ice injuries can be very serious . Some of the injuries resulting from snow and ice accumulation that could constitute valid grounds for a premises liability lawsuit are:

  • Broken bones
  • Knee injuries
  • Leg injuries
  • Spinal cord injuries
  • Neck injuries
  • Back injuries
  • Concussions
  • Brain injuries.
Issues of Liability in Snow and Ice Accidents in Brooklyn

If a fall accident accident occurs on private property, the owners might be liable for it. If it occurs on a sidewalk, the owner of the property adjacent or next to the sidewalk might be liable. The most pertinent issue to be considered is that of “notice”. That is did the defendant have reasonable time between when it snowed and when the victim’s accident occurred to be aware of the dangerous situation and clear the area. Additionally, the defendant must have been aware of the precarious situation before the plaintiff’s accident occurred.

As the litigation and discovery phase of your case proceeds, your attorney at Queller, Fisher, Washor, Fuchs & Kool will be responsible for investigating the weather conditions that day as well as deposing any witnesses to your accident. Additionally, Queller, Fisher, Washor, Fuchs & Kool will also depose the defendant and in doing so deduce any persons that had observed the hazardous situation or were in fact responsible for maintain it.

Because the issue under consideration is that of a “transient” condition, that is one that previously existed, but no longer does, the defendants will take every opportunity to deny liability and distort the facts. Consequently, it is imperative that you retain an experienced attorney who understands the process and the legislation if you hope to secure a favorable verdict.

How Can the Brooklyn Slip and Fall Attorneys at Queller, Fisher, Washor, Fuchs & Kool Help You?

Due to the plethora of complexities that surround premises liability cases it is in your best interests to seek the counsel of an experienced attorney. At Queller, Fisher, Washor, Fuchs & Kool your attorney will investigate your claims, interview the witnesses, photograph the scene of the injury, carry out depositions and review medical records. Our firm has over fifty years of experience dealing with slip-and-fall accidents. We truly believe that individuals need to be held responsible for their actions especially if it inflicts bodily harm upon another. Consequently, we will do our utmost best to ensure that you receive the maximum compensation that you may be entitled.

If you or someone you love has suffered an injury due to a slip-and-fall you may have legal recourse. For a free evaluation of your legal options, call 212.406.1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your case to see how we may be able to assist you.

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