Our slip and fall attorneys know of an old saying: “Fall down seven times, get up eight” – (traditional proverb)
Everyone has fallen, at some time in their life, both literally and figuratively. For those who have fallen and have suffered serious or catastrophic injuries as a result the consequences can be devastating. Friedman & Simon, L.L.P. is dedicated to helping those who have fallen recover. The many concerns that arise after a person has suffered a slip and fall / trip and fall injury, such as medical expenses, lost earnings/lost wages and pain and suffering are all matters where we provide advice and vigorous legal representation. Over the past two decades, thousands of slip & fall / trip & fall injury victims have consulted with us to learn their rights. We have successfully represented the victims of many types of fall accidents. These include:
- Falls on broken sidewalks
Sections of sidewalk, known as sidewalk panes, can be cracked or raised by roots of adjacent trees; they can be damaged when they cross over a driveway and break from the pressures of being driven over; they can become dangerously defective as a result of improper repair or replacement or from deterioration due to time and weather.
Liability (legal responsibility) for injuries suffered as a result of falls on such broken sidewalks may be held against private persons (such as adjacent land owners or negligent contractors) and or against municipalities.
- Premises liability
The owners of property and those who manage all or some aspects of the physical condition of the property have a legal duty to maintain the property in a reasonably safe condition. This duty extends to using due care to prevent injury to those on the property from slippery conditions (for example, foreign substances on the ground, such as water from a known leak, the procrastinated cleanup of a known spill in a supermarket, etc.) and chronic conditions (for example, floor tiles that have been broken for an extended period of time).
Slip and falls / trip and falls on steps/stairs can be particularly dangerous. As in all slip, trip and fall cases, the question of adequacy of lighting is very important in stairway fall cases. More particularly, the construction and condition of the steps with respect to the heights of the risers, the width and depth of the steps, the positioning, condition or absence of railings are all important considerations in such cases.
Sadly, many of our cases involving falls on stairs in apartment buildings have arisen from situations where debris, drug paraphernalia and contraband, spilled alcohol and empty bottles and even human waste, were strewn about in poorly lit stairwells, often in high-rise buildings with disabled elevator systems. Tragically, we have represented people who have fallen due to such dangerous conditions who are elderly, who were parents carrying children when they fell, or who were carrying groceries after a hard day’s work. They all just wanted to simply get up or down the steps when disaster struck. It has been our privilege to help them get back up and go on with their lives.
- Snow and ice cases
The duty to maintain property in a reasonably safe condition applies to conduct which seeks to prevent harm as a result of falls on ice and snow. When injuries occur as a result of falls due to snow and ice we carefully analyze the specific circumstances to determine if due case exercised to maintain the property in a reasonably safe condition. Was the subject property shoveled? Was some form of ice-melt such as sand, salt or chemical pellets used? What was the pre-accident weather record of precipitation and freeze/thaw temperature cycles? What was the degree of care applied after a thaw and re-freeze of the subject area? What was the custom of snow and ice removal at the property? Were there any contractual obligations for snow and ice removal at the property? These are a few of the investigative inquiries our team of New York slip and fall / trip and fall injury lawyers make as we take on slip, trip and fall cases that involve falls on snow and ice.
The information above provides a general overview of a few of the ways that people suffer serious and catastrophic injuries when they fall down. Like all cases, slip, trip and fall cases require careful legal analysis to successfully prosecute claims for money damages. If you or someone you care about has been injured in a slip, trip or fall accident, please contact our firm.
