Upstate New York Slip and Fall
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
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 deserved compensation.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 the property.
- 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 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.
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 $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.