Queens Slip and Fall Lawyer
Unfortunately, slip and fall accidents are quite prevalent. Luckily, falls often leave a victim with only some bruising or a small cut and their pride takes the brunt of the damage.
But what happens when a slip and fall accident results in more severe injuries? Is the victim stuck with all the medical bills?
If you were injured in a slip and fall accident in Queens, you might already know how complicated the laws regarding slip and fall accidents in New York can be. You need the help of an experienced Queens slip and fall attorney, and the legal team at Jacoby & Meyers, LLP, is here for you.
Queens Law Offices of Jacoby & Meyers, LLP
For nearly 50 years, the legal team at Jacoby & Meyers, LLP has been dedicated to providing their clients with the legal representation they need while preserving their privacy and dignity. The Jacoby & Meyers, LLP, attorneys have collectively won millions of dollars in settlements and jury verdicts for their clients while bringing their experience and knowledge to meet the unique and specific demands of each individual case.
Slip and Fall Statistics
Slip and falls account for over 2.8 million emergency room visits every year, and are the leading cause of hospital visits.
In Queens alone, over 5,000 people are hospitalized every year for slip and fall-related injuries.
- The National Institute on Aging states that each year slip and falls result in more than 27,000 deaths.
- Per the US Bureau of Labor Statistics, 22 percent of slip and fall accidents result in more than 31 days of missed work.
- Almost half of all accidental deaths that happen in a home are a result of a fall.
Queens Slip and Fall Accidents: Where They Occur
Slip and fall accidents can happen anywhere. Some locations are more common than others, however.
Places where slip and fall accidents most commonly occur include:
- Stores, including department stores, grocery stores, malls, and boutique shops.
- Restaurants and bars.
- Movie theaters.
- Sports arenas or stadiums.
- Playgrounds or parks.
- Businesses and workplaces.
- Rental properties.
- Apartment complexes.
- Private homes.
How to Show Fault in a Queens Slip and Fall Accident
Even though slip and fall accidents are widespread, proving that someone else was at fault for an injury you suffered due to a slip and fall accident can be challenging.
To show that another individual is liable for your damages, you need to prove the following things:
- A dangerous condition existed on someone else’s property.
- The property owner knew or should have known about the defect or dangerous condition before the accident occurred.
- The property owner had sufficient time to fix the defect before the accident but did not do so.
- The victim suffered injuries as a result of the defect.
In these types of accidents, there is no precise definition for the term “dangerous condition,” and courts deal with each situation on a case-by-case basis. However, some commonly known dangerous conditions result in slip and fall accidents quite frequently. These include liquid spills, weather issues (such as ice or snow), and structural defects.
Common Slip and Fall Accident Causes in Queens
Slip and fall accidents can happen for a variety of reasons, but some situations are more likely to cause an accident than others.
Some of the most common causes of this type of accident include the following:
- Slipping on ice or snow that was not removed properly.
- Slipping on a liquid spill in a store that was not cleaned up promptly.
- Slipping on a wet floor because the owner did not take proper precautions, such as putting up a sign or laying down a mat.
- Tripping over a broken sidewalk.
- Tripping on an improperly maintained section of carpeting.
- Tripping over merchandise or other debris left out where customers are free to walk.
- Falling because of inadequate lighting.
- Falling down the stairs because the property owner did not remove debris.
- Falling down the stairs because of faulty handrails.
What Makes Queens Slip and Fall Accidents Complicated to Prove?
Showing the Property Owner Knew About the Condition:
The hardest part of proving fault in a slip and fall accident is showing that the property owner knew about the defect or the dangerous condition.
To prove this element, courts allow victims to show evidence of either constructive knowledge or actual knowledge.
- Actual knowledge is proven by having the landowner admit they knew about the defect.
- Constructive knowledge is shown by evidence indicating that the landowner knew or should have known about the defect before the accident occurred, even if they don’t admit it.
In some instances, constructive knowledge is relatively simple to establish if the dangerous condition likely existed for an extended period of time, as in a structural defect case. For example, it is hard for a property owner to deny that they knew about the defective condition if a staircase was missing a railing and the victim was hurt as a result. However, in situations where the victim was injured by slipping and falling on a spill in a store, it can be challenging to prove that the owner had notice of the dangerous condition as the spill could have occurred just minutes before the fall.
Sufficient Time to Fix the Condition:
Another aspect that can be difficult to prove is that the property owner had adequate time to fix the dangerous condition. There are situations where this is challenging to show. For instance, when a slip and fall accident occurs shortly after a snowstorm, it can be tough to prove that the property owner had sufficient time to clear the area of snow and ice to remedy the dangerous condition.
Failed to Remedy the Condition Sufficiently Before the Fall:
The final element of showing that the property owner did not sufficiently remedy the dangerous condition before a fall is usually proven by the fact that the accident occurred. However, in situations where the property owner made sufficient attempts to fix the defect but could not eliminate it, the property owner may not be liable for the victim’s injuries. In the example of the snowstorm, if the property owner tried to clear up as much of the snow as they could on their property, that attempt may be enough to keep the owner free of liability for any accident. This is because they could show that they made their property as safe as they reasonably could be based on conditions.
What You Need to Know About Queens Slip and Fall Injuries
Depending on the facts of a slip and fall accident, resulting injuries can range in severity and scope. But if you understand what typical slip and fall injuries look like, you may better know how to communicate about the injuries you have suffered to a doctor and your Queens slip and fall injury attorney. This can help your attorney prepare a more robust claim while also helping your doctor develop a more suitable treatment program for your injury.
Some common slip and fall injuries include:
- Broken bones: A fall can put a lot of stress and pressure on bones throughout a victim’s body. When the bones cannot withstand this force, they break. In slip and fall accidents, wrists, ankles, and hips are the most common broken bones.
- Soft tissue injuries: Damage to ligaments, tendons, and muscles can happen throughout the body during a fall, especially when the victim twists a body part, such as a knee, as they fall.
- Muscle strains and dislocations: Depending on how a victim falls, their shoulder may take the brunt of the impact. This often results in significant muscle strains or shoulder dislocations that sometimes require surgery.
- Head injuries and traumatic brain injuries: When a victim’s head hits the ground because of a fall, it can result in their brain experiencing a jolt, which can have dangerous repercussions.
- Severe lacerations and bruising: Falling on any surface can lead to bruising and some type of laceration. The deeper the cut, the higher the risk of infection. Any deep or extensive laceration needs to be evaluated by a doctor.
What Do You Need to Do After a Queens Slip and Fall Accident?
Because Queens slip and fall accidents can occur any time, it is crucial to understand what steps to take following an accident. This information can keep you safe and help you gather the evidence you need to if you choose to pursue a legal claim.
Seek Medical Attention
Regardless of whether or not you think you need medical attention, you should go see a doctor. They can make sure that you do not have any hidden injuries and put your injuries on record, which will help your claim if you decide to pursue legal action.
Report the Incident
If you suffer injuries in a slip and fall accident, you need to report it. Whether to a manager, property owner, or business owner, it is essential to get the incident down in writing with all the details of what happened. In certain instances, you can even make a written report on your own and submit it to the establishment.
If possible, make sure you document everything from the accident scene. Take pictures or videos of the location where you fell, including any icy patch, broken staircases, uneven road, or any other hazard that contributed to your fall. Write down precisely what you were doing, how you fell, the weather conditions at the time of your fall, and the time and date when it occurred.
If anyone saw your slip and fall accident, you should collect their contact information, including their name, address, and phone number. Witness statements can provide persuasive evidence if you decide to pursue a claim.
Be Careful About the Statements You Give
Just remember what you say can be used against you. You should watch what you say to the property owner and their insurance company after the accident. If possible, decline to make any statements until you have spoken to a Queens slip and fall attorney. Make sure to also avoid discussing the accident on social media and do not accept any blame for what happened.
Contact a Queens Slip and Fall Lawyer at Jacoby & Meyers, LLP
If you decide to seek legal action after your slip and fall accident, you need to contact a Queens slip and fall lawyer as quickly as possible. These accidents are often complicated and require quite a bit of evidence to show that the other party has liability for your damages. An experienced legal team should handle the matter to ensure that everything is taken care of correctly.
Why Call the Queens Slip and Fall Lawyers of Jacoby & Meyers, LLP?
If you have been injured in a slip and fall accident in Queens, you need legal services you can count on and trust. The attorneys at Jacoby & Meyers, LLP, understand how tedious and complicated proving fault in slip and fall accidents can be. They also know what they have to do to provide you with the legal representation that you need.
Our Queens slip and fall attorneys may:
- Investigate the accident: Hiring an experienced Queens slip and fall attorney can help you get started on your claim as quickly as possible. This can ensure that critical evidence is not lost, witnesses are interviewed, and proper motions are filed.
- Handle all the communications: Dealing with defense attorneys and insurance companies is stressful, especially when they are trying to devalue or deny your claims. A Queens slip and fall attorney can take over all of these communications and ensure that you are treated with the fairness and the respect that your case deserves.
If you have suffered harm as a result of a slip and fall accident, do not wait any longer. Call the law offices of Jacoby & Meyers, LLP, for a free consultation at (877) 565-2993, open a live chat with one of our live representatives, or send us an email through our confidential contact page. Let us figure out how we can provide you with the legal help that you want and fight for the compensation you need.
“If it were not for the integral legal team of experts at Jacoby & Meyers I would not be where I am today with my recovery. I highly recommend hiring Jacoby & Meyers should you ever find yourself injured in an accident, and an individual or company needs to be held accountable for their negligence.” -C.J.
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New York, NY 10006