New York City Slip & Fall
New York law seeks to protect people from being injured due to the negligence of other people. For that reason, the law requires that property owners make sure that there are no hazards on the property that would endanger people who enter the property. One common type of hazard is a slippery area that leads to a slip and fall accident. We at the Law Offices of Stephen Bilkis & Associates are well aware that wet floors, negligently waxed floors, and icy areas can cause victims to fall and suffer serious back injuries, head injuries and broken bones. These types of injuries can lead the victim to suffer financial setbacks due to the medical bills and lost income. If you were injured in a slip and fall accident due to a property owner or manager failing to fix an unsafe condition, it is important that you immediately contact an experienced New York City slip and fall lawyer who will work hard to ensure that the negligent owner or manager pays you the compensation to which you are legally entitled.Pursuing a claim for a slip and fall accident
Not every accident that occurs on another person’s property is compensable. In order to be entitled to compensation for your slip and fall injury, you must be able to prove the following:
- Dangerous condition. There must have been a dangerous condition on the defendant’s property. In the case of a slip and fall accident, the dangerous condition may have been water or some other type of liquid on the floor or ice on a walkway.
- Knowledge. The property owner must have been aware of the dangerous condition. If the defendant did not know about the slippery condition than he (or she) may be able to escape liability. “Knowing” does not necessarily mean actual knowledge, it can also mean constructive knowledge. If, for example, a spill remained on the floor of a store for an hour, it is arguable that the store owner should have known about the spill in that amount of time. ON the other hand, if the spill occurred only minutes prior to a slip and fall accident, then it is reasonable that the owner would not have knowledge of the spill.
- Failure to fix. You must show that even though the defendant was aware of the hazard, or should have been aware of the hazard, he failed to fix it.
- Loss. You must be able to prove that because of the hazard you suffered an injury. Evidence of your loss would include your medical bills, medical reports from your doctors, evidence of lost income, and evidence of property that was damaged or destroyed in the accident.
Donna was sipping on a cup of coffee as she walked through the grocery store when she accidentally dropped the cup and the coffee spilled all over the floor. She rushed to find an employee. A few moments later Tina slipped in the slipped coffee and fell. As a result of the fall she suffered a concussion and a bone fracture in her elbow, and had to miss work. Furious, Tina filed a lawsuit against the grocery store. Tina may not prevail in her lawsuit because she slipped and fell in the coffee spill only a few moments after Donna spilled the coffee. There was no time for the store to learn of the spill and clean it up.
Jerry, a surgeon, had just finished working out at his gym when he stopped at the vending machine to grab a snack. Unbeknownst to Jerry, there was a leak in the ceiling and water had pooled in the area in front of the vending machine. As he walked into the vending area he immediately slipped and slammed into the vending machine. As he fell to the floor Jerry extended his arm out in an attempt to break his fall. As a result Jerry broke his arm. Jerry had to miss several days at work, and when he returned to work he was not able to perform procedures for several weeks. Jerry contacted a slip and fall attorney who served clients in New York City to discuss options for filing a slip and fall claim against the gym.Contact the Law Offices of Stephen Bilkis & Associates
If you were injured on another person’s property because of a hazardous condition, you have the right to demand compensation for your losses. Because the insurance company will likely attempt to shift the blame to you and give you a low-ball offer, we are here to stand up to the defendant and insurance company to ensure you receive fair compensation to pay for your medical bills, lost income, pain and suffering, and other losses. The slip and fall attorneys in New York City at the Law Offices of Stephen Bilkis & Associates are experienced in handling personal injury and wrongful death cases stemming from premises accidents such as slip and fall and trip and fall accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.