If you have suffered injuries from a slip and fall accident which occurred in either an office building or residential building lobby or stairwell due to negligent mopping or failing to place caution signs you may have a case.
If you have slipped and fallen on an icy sidewalk where the adjacent property owner failed to salt the sidewalk within 4 hours after the storm stops, you may have a case.
Common Causes of Slip and Fall Accidents in New York City
One of the most common causes of slip and fall accidents on a premises ie lobby or stairs of a private, public or commercial building are that the building owner fails to clean the stairs or hallways or fails to place mats in the winter time, or allows a dangerous slippery condition to exist for an unreasonable period of time. Notice is a precondition to winning a slip and fall case. You can argue if the facts bear it out that the landowner created the dangerous condition or made it worse. One example is when there is a spillage in a store aisle from a display of soda, water or beverage that leaks on the aisle floor. If the storekeeper knew pr was told or failed to discover the condition by failing to patrol the aisles then they could be at fault. Also leaks from refrigerators or air conditioning vents can also cause leaks . Supermarkets must or should have an adequate number of caution signs to warn customers when they mop aisles. During rain storms or snow commercial office buildings are supposed to place runners or carpets down in entrances where the public enters.
I recently tried a case where a famous NYC grocery store only had one (1 ) caution sign that they used when mopping each aisle. They moved the sign from aisle to aisle before the aisle was dry My client slipped and fell and injured her knee resulting in a total knee replacement. The jury in its verdict, found for the plaintiff 6-0.
Types of Slip and Fall Accidents
- icy sidewalks not salted within 4 hours after a storm ceases as per the Administrative Code of the City of NY ;
- falling on water inside building from the landlord/ commercial owner or tenant store failing to mop or properly clean inside buildings or place caution wet floor signs;
Slip and Fall Accidents are Common Causes of Personal Injury Cases
It has been reported that out of 8 million hospital emergency room visits, slip and fall accidents causing injuries account for over 1 million visits or 12% of falls. The National Safety Council has reported that the second leading cause of unintentional injury - related deaths is from falls. In 2019 they reported that over 39,000 people died in falls at home and work according to Injury Facts.
Recent Law on Slip and Fall Cases
In the case of Segarra v 2805 Holding LLC ., NY Slip Op 509 14(U) the Supreme Court ,Bronx County Justice denied a motion for summary judgment on liability, made by the defendant residential property owner. In that case the plaintiff slipped and fell as a result of a wet floor condition in the hallway of a residential apartment building . She testified that as she went to take out the trash she slipped on dirty water on the sixth floor hallway. The defendant introduced evidence by their superintendent that they no complaints of a slippery condition had been made prior to the accident. The super testified that he swept the floors daily and mopped them every Monday morning and was not aware of any leak condition. Further he stated that no one complained to him about a water condition on the sixth floor. The plaintiff on the other hand stated that she had made numerous complaints to the landlord / super to fix the leaking roof. The super could not recall the last time they inspected the property before the accident. In denying the motion to dismiss the case the Court held " To meet their burden on the issue of lack of constructive notice the defendant must offer some evidence of when they last cleaned or inspected the accident site prior to the plaintiff's fall. The Court thus denied the motion to dismiss the case.
Slip and Fall Accidents Are Preventable
Most Slip and fall accidents are preventable. Carpets or runners placed in public or commercial office and residential buildings, caution signs in store aisles and large apartment buildings actively shoveling and salting the sidewalks within 4 hours after the storm ceases are just some safety measures to prevent slip and fall accidents.
THE LAW OF NOTICE
A plaintiff or person bringing the lawsuit for a slip or trip and fall accident on a dangerous condition must prove that the defendant owner or operator / managing agent of a premises had actual or constructive notice of the dangerous slippery or dangerous condition before the accident and failed to take proper safety measures to avoid an accident. For example if there were prior complaints of a peeled uneven carpet , or if the store only used cardboard boxes that slipped by the entrance ways during and after a storm, causing a patron of the store to slip and fall they may be negligent. Many commercial buildings are obligated to place carpets or runners during inclement weather in the lobby. Constructive Notice means that a reasonably prudent landowner or person was aware of the problem before the accident and in the exercise of reasonable care had time to correct the dangerous condition. For example if there were work orders to repair a dangerous condition such as lighting or a chip in the lobby before the accident, that may be considered constructive notice. You need to act promptly if you have been involved in a slip or trip and fall accident, to preserve evidence. If you or your attorney or his or her investigator can take photos of the dangerous condition that will assist you in your case.
What to do if you are involved in a Slip and Fall Accident
If you have been involved in a slip and fall accident of any kind call for help. Take photos of the slippery condition that caused you to slip. If possible get witness names and phone numbers. Above all go to the nearest emergency room or Urgent care Center to report your injuries. If you slip and fall in a store, file an incident report.
YOU DESERVE AN EXPERIENCED SLIP AND FALL LAWYER! . ED LEMMO LAW HAS HANDLED MANY SLIP AND FALL CASES AND KNOWS THE WAYS TO PROVE YOUR CASE AND PRESERVE EVIDENCE AND FIGHT THE INSURANCE COMPANIES.
CONTACT LEMMO LAW TODAY AT 646-522-9082, FOR A FREE CONSULTATION TO EVALUATE THE MERITS OF YOUR CASE.
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New York, NY 10023