New York Slip and Fall Accidents

Slip and fall injuries are the most common type of injuries suffered in the U.S. each year. According to the Bureau of Labor Statistics and the National Safety Council, more than eight million people suffer an injury from a significant slip or trip and fall each year in this country. According to the Centers for Disease Control and Prevention, almost three million of those injured are under the age of 19.

The most common cause of nonfatal injury requiring medical attention in every age group in the U.S. is falling down. Slips and falls are the most common cause for emergency-room visits. As the result of injuries suffered in slips and falls, an average of 17,000 Americans die. Slips and falls are the third largest cause of injuries in the workplace. Slip and fall incidents injure more laborers than all other on the job injuries combined. Including medical bills, lost income from missed wages, and the cost of physical therapy, the average slip and fall injury costs almost $30,000. A wrongful death which occurs as the result of a slip and fall has an estimated cost of approximately $940,000. This is in addition to the loss of future ability to earn income to support one’s family and the extreme emotional trauma suffered by the slip and fall victim’s family members. Each year in the U.S., slips and falls result in injuries causing over 100 million work days to be lost.

• Hotels
• Theatres
• Department stores
• Grocery stores
• Shopping malls
• On sidewalks in front of businesses
• On public transportation
• In public transportation terminals and on subway platforms

Negligence on the part of business owners, property owners, or management of public transportation implies that these individuals have failed in their responsibility to maintain safe conditions for their customers or patrons.

• Loose floor tiles or broken tiles in need of repair
• Slippery floors due to spills or to leaks that have gone unrepaired
• Uneven surfaces such as floors and concrete sidewalks due to settling over time or to improper installation or pouring of concrete
• Loose stair rails
• Uneven steps
• Poor lighting, especially on stairs and in hallways, due to blown bulbs or improper placement of light fixtures
• Clutter or debris
• Wires, rugs, or hazards
• Ice
• Grease or oil spilled on pavement or on concrete

Business and property owners are responsible for taking care of or maintaining their businesses or properties. When they fall short of fulfilling their responsibilities, they may be held liable for costs associated with the slip and fall injuries which occur as a result of their negligence. Although individuals who suffered injuries as the result of slips and falls must not have behaved in a careless manner which caused them to be unable to avoid the slips and falls, premises liability cases are often determined based on whether the business or property owner acted or failed to take action in a negligent manner which contributed to the injury suffered in the slip and fall.

In order for a New York business or property owner to be found liable for costs associated with injuries suffered in a slip and fall, one of the following conditions must be met:

• The business or property owner must have caused the dangerous situation—the slippery surface or the fallen object underfoot (Creating a spill and failing to clean up the spill within a reasonable period of time, for example).
• Even though the business or property owner did not cause the dangerous situation which led to the slip and fall, he or she knew about it and did nothing to correct the situation.
• The business or property owner should have known about the hazardous situation since any reasonable person performing proper maintenance would have discovered that the condition was present and would have taken steps to correct it. (This is the most common condition, but it can be difficult to prove because of the loaded words, should have known and reasonable.)

When a person slips and falls on someone else’s property, there are important steps which should be taken. Taking these steps will not just protect the person injured from the slip and fall’s own rights and interests, but will also help to make sure that others do not have to suffer painful injuries in the future:

• Seeking immediate medical attention must receive first and highest priority
• If you are able, take mental or physical notes describing the surroundings where the slip and fall occurred.
• Is there an obvious hazard present which caused your fall?
• If there were witnesses to the slip and fall, obtain all their contact information.
• Report the fall to the business or property owner as soon as is reasonably possible if he or she was not present at the time of the fall.
• If the fall took place in a business, speak with the business manager on duty in order to report the incident.
• Request a formal accident report to be completed.
• As soon as possible after the event, use your cell phone to take photos of the area where the slip and fall occurred. It is important to do so before the property owner or business manager has time to correct the condition which led to your slip and fall.
• Make certain that if treated in an emergency room or other medical care facility, your injuries are all properly documented by the medical staff.
• Maintain copies of all medical bills and bills for prescription medications.
• Do not discard the clothing and shoes you were wearing at the time of the incident.
• Seek to obtain a copy of the actual accident report completed by the business manager or property owner.

If you or a loved one has been injured in a slip and fall accident, contact the New York attorneys of David Resnick & Associates, PC.

Call us at (212) 279-2000 or fill out our online contact form.

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.