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

Queens Slip and Fall

Landlords, business owners, and private property owners in Queens County have a significant responsibility to provide and maintain a safe environment for persons that are guests on their premises. If this social contract has been broken and you have unfortunately suffered a severe injury then you may have the need to consult the Queens slip and fall lawyers at our firm.

At Queller, Fisher, Washor, Fuchs & Kool, we have a team of slip-and-fall lawyers that have over 50 years of experience in the field of premises liability. They have achieved numerous favorable verdicts for lawsuits that have occurred in the Queens area. With our extensive knowledge, we will fight tirelessly on your behalf for the maximum compensation that you may be entitled to.

Consultation with our attorneys is free. Our services are retained through a contingency fee agreement, which in essence means that our lawyers will work vigorously on your behalf. We care about our clients and their cases, and we also have a vested interest in securing the maximum compensation for the physical, economic and emotional trauma you have suffered. We understand the lasting economic and emotionally traumatic effects that a severe slip-and-fall accident might have on the victim and their families. Our services will be free until after we have recovered the money for the damages incurred. So, feel free to call our office at 212.406.1700 or contact us online. We will direct you to one of our very experienced Queens slip-and-fall attorneys, who will determine whether or not you have a case and are entitled to compensation for your sustained injuries.

Common Types of Slip-and-Fall Accidents

Slip/trip-and-fall accidents are one of the most common types of cases within the general practice of personal injury law. At Queller, Fisher, Washor, Fuchs & Kool, we have recovered favorable verdicts for hundreds of premises liability cases that have occurred on either public or private property. Some of the more common cases of slip/trip-and-fall accidents that our firm has managed in the past include:

  • Falls caused by cracks or holes that cause the sidewalk to be uneven or elevated.
  • Sidewalk flags that are protruding from the ground.
  • Sidewalks that are sloped at an unsafe angle.
  • Objects that are left lying around on the sidewalk by business owners are an example of negligence and may create a dangerous area for people to walk on.
  • Poor walking conditions due to the “special use” of a sidewalk. The small cut-out portion of the sidewalk that is used as space for planting trees or other forms of landscaping is commonly called the “special use” section of the sidewalk. If this section isn’t properly finished according to New York Code, it may create an unsafe walking environment. Such conditions can lead to accidents and serious injuries.

These are just some of the examples of slip-and-fall accidents that we at Queller, Fisher, Washor, Fuchs & Kool, have encountered. In addition, these accidents can occur on either public or private sidewalks. If an accident occurs on a public sidewalk that is owned by the City of New York, our attorneys will determine whether the city is liable, or if a store, business, or any other commercial property owner is at fault.

New York State laws regarding personal injury accidents that occur on public sidewalks were changed in 2003. Currently, the law imposes a duty of care and responsibility on commercial property owners who own land that is directly adjacent to the sidewalk where the accident happened. However, the actual occurrence of the accident isn’t necessarily enough to be grounds for a lawsuit. In order for the personal injury lawsuit to be meritorious, the plaintiff must be able to prove certain legal principles. For example, if it can be proven that the property owner caused the unsafe area to exist, than they may be liable. It may also be established that the property owner had “constructive notice”. This term essentially refers to the amount of time that has passed since the condition of the area became hazardous, and whether a reasonable person would have, in the exercise of reasonable care, discovered the defective condition and fixed it. If the property owner had an ample amount of time to notice the unsafe environment that they allowed or caused, and did not remedy the situation, whereas a reasonably prudent individual would have foreseen a potential danger or accident, then that property owner may be liable for damages in the event of personal injury. Property owners in New York share a common responsibility to their respective communities to keep their portion of public sidewalk and their establishments clean and hazard-free so that pedestrians may safely travel throughout the city.

Slip and Fall Accidents on Sidewalks Caused by Snow or Ice

Property owners in Queens, who are located adjacent to a public sidewalk, are typically required by law to clean the snow, sleet, or ice that has accumulated on that segment of sidewalk. They are expected and legally obligated to clean their premises with practical care and within a reasonable time. When businesses fail to clean their street within these standards, people can get injured. According to the law, whether property owners are liable or are considered negligent is determined by various important factors. These factors include whether the defendant knew or should have known of the dangerous condition. In considering such factors, one must examine the time that has elapsed between when the accumulation of the precipitation has become dangerous until the time the property owner has cleaned it and made it safe to travel. Another factor is whether the property owner used care that other rational individuals would consider reasonable for clearing the sidewalk. For example, the use of shovels, salt, or snow blowers are a few tools that are commonly used for cleaning snow or ice. If a property owner negligently allows any form of precipitation to reach a hazardous level on the premises, and fails to use the necessary tools that would effectively make the premises safe, then they may be liable for damages if someone slips/trips and falls.

More Slip and Fall Accidents

Other incidences of slip and fall accidents that may occur on various premises include:

  • When there is a spilled liquid on the premises, it follows the same types of criteria that measures negligence as in the scenario with the over-accumulation of snow/sleet/ice on the sidewalk in front of a private or public property.
  • When an establishment is in the process or has finished washing their floors, and they neglect to put a sign indicating that the floors might still be slick from the cleaning solutions. Signage is important in order to fairly warn any passersby to walk carefully across, and to help shield the business from potential liability issues.
  • In the case of a supermarket, grocery, or other stores, any sort of scattered objects inside or outside the establishment can make the walking areas treacherous for customers and other pedestrians.
  • When the stairs in a public or private business are damaged and are not safe to walk on. An additional concern with staircases is whether they are properly lit and whether there is anything obstructing the person’s path. Any staircase should be completely illuminated so that all the flight of stairs is visible. The hand railings of any staircase should be securely fastened to the wall. The individual steps should be correctly spaced between each other and at regulation height. All of these factors must be considered in an analysis of a potentially meritorious lawsuit.
What Compensation is Available in a Slip-and-Fall Lawsuit?
  • Lost wages and potential earnings: A victim may suffer a severe injury that prevents them from working for a period of time. This can cause lost wages, or in some unfortunate instances, loss of a job entirely. In these cases, the victim may be entitled to compensation for lost wages and potential earnings.
  • Medical Charges: Medical charges that accrue from medical treatment the victim received due to their injuries may be compensable.
  • Pain and Suffering: This area of compensation involves past and future pain and suffering that a victim may experience. This can include all bodily pain, physical defects that were caused by the accident, and loss of enjoyment of life that has been suffered due to the victim’s injuries.
  • Wrongful Death: When a person dies from a slip/trip and fall accident, their family members might be able to take legal action for different types of economic loss. Some examples include a loss of family income. In addition, even though it is very difficult to place a price on the life of a parent, a child is entitled to potentially recover the economic value of the parental guidance lost due to the death of a parent.
What is the Statute of Limitations in Queens Slip-and-Fall Injury Cases?

The statute of limitations is a law that specifies the amount of time that an injured party has to file a lawsuit following the incident. For most premises liability cases in New York State the statute of limitations is typically 3 years. On the other hand, it may depend on who the responsible party involved is. If the defendant is a municipality then the statute of limitations is shorter than the usual 3 years. In order for you to not encounter such technical issues, it is best to call us as soon as possible after your accident. In addition, we may need to conduct a thorough investigation with our experts, and gather all the evidence that may aid your case. As such, consultation with an attorney can be very time sensitive. We understand that a personal injury lawsuit can be a long and painful process, however, our firm, Queller, Fisher, Washor, Fuchs & Kool, will try our best to recover the maximum compensation that you deserve. Call us today at 212.406.1700 or contact us online for an easy, quick, and free consultation regarding your potential case.

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