Westchester County Slip & Fall
The term describes an accident that involves someone falling on another's property. Generally these accidents and resulting injury occur due to hazards on the floor or ground, risks such as oil spills, puddles of water, ice, snow, or unleveled flooring or flooring that has gaps or cracks in it. The result of falling can be a serious injury including a permanent brain injury, back injury, spinal injury, or a broken bone. In the most serious cases the victim does not survive. Homeowners and business owners are legally responsible to maintain their premises and property in a reasonably harmless condition. Otherwise, the property owner will be financially liable to victims injured on their property due to the hazardous condition. If you were injured in a slip and fall accidents, it is important that you immediately contact an experienced Westchester County slip and fall attorney who will review the facts of your case and explain to you your legal options.Causes of slip and fall accidents
A slip and fall accident is compensable only in cases where the fall was caused by a hazard that the property owner or manager knew about or should have known about. Generally speaking, if someone essentially trips over their own feet and there was no hazard, then the property owner would not be liable for injuries suffered. The most common causes of slip and fall accidents include:
- Wet floor
- Recently waxed floor
- Improperly applied non-skid surfaces
- Rain or ice
- Failure to monitor- e.g. in cases of nursing homes
There are instances when even though the victim did not slip due to a hazard, the property owner or manager may be liable. For example, in a nursing facility the staff has a duty monitor patients who because of age and physical condition may be likely to lose balance or lose their footing despite lack of a hazard on the floor.Pursuing a claim
Victims of slip and fall accidents may suffer injuries that resulting in permanent health problems. For example, a fall that results in a brain injury brain injury may mean that for that the victim ends up with chronic migraines, memory loss, dementia, balance problems and other cognitive problems. Some victims even fall into comas and never recover.
Serious injuries mean substantial medical bills. Through a personal injury lawsuit you can seek compensation from the person whose negligent caused your injury. The types of compensation to which you may be entitled include:
- Medical expenses: Emergency room, hospital stay, doctors, specialists, laboratory tests, MRIs, prescriptions, rehabilitation, counseling, braces, crutches and other medical devices.
- Loss of Income: Missed weekly, biweekly, or monthly paychecks. Value of sick and vacation days you had to use while recovering. Missed promotions and bonuses. Lost benefits.
- Loss of future earning capacity. With a serious injury you may lose your career—meaning you may not ever be able to earn the amount of money that you otherwise would have.
- Pain and Suffering: You may also be able to recover compensation for the pain and suffering that you suffered as a result of the accident.
- Wrongful death. If a loved one falls and does not survive, then that person's personal representative can file a wrongful death lawsuit and demand payment for losses suffered.
To ensure you have the best chance of success in your slip and fall lawsuit, make sure that you document everything that you remember about the circumstances that lead to your fall. Consult a doctor immediately. Contact an experienced personal injury attorney. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling personal injury and wrongful death cases stemming from slip and fall accidents. Contact us at 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.