Although we all try to remain safe, accidents sometimes happen. One of the most common types of accidents is called a slip and fall. A slip and fall accident occurs when something causes a person to lose his or her footing and fall down. Often, slip and fall accidents are caused by the negligence of property owners or managers. When a slip and fall accident due to negligence causes a victim to suffer injuries, he or she may be entitled to financial compensation. In this article, we examine slip and fall accidents in New York.
Premises Liability
In New York, a landholder’s liability in a slip and fall case depends on the status of the injured person. For purposes of establishing liability in a slip and fall accident, a person who enters another’s property is considered an invitee, licensee, or trespasser.
- An invitee is a person who is a business guest of an establishment. Invitees are owed the highest duty of care by landholders.
- A licensee is a social guest of a landholder. Licensees are owed some duty of care by landholders.
- A trespasser is a person who doesn’t have permission to be on a landholder’s property. Trespassers are owed a minimal duty of care (if any) by landholders.
Common Causes of Slip and Fall Accidents
There are many causes of slip and fall accidents. Typically, slip and fall accidents are caused by surface conditions or environmental conditions. Below are examples of common causes of slip and fall accidents:
- Loose rugs, floorboards, or mats
- Potholes
- Uneven surfaces without warning signs
- Recently waxed or mopped floors
- Spilled liquids
- Splashed oil or grease
- Spilled ice
- Debris or trash on the floor
- Poor lighting
- Power cords
- Open drawers
- Lack of handrails
Damages in Slip and Fall Cases in New York
“Damages” is a legal term of art that is used to describe the financial compensation available in a personal injury case. Damages can be economic or non-economic. Economic damages are measured in financial terms, while non-economic damages provide compensation for subjective, non-monetary losses. Common damages available to an injured party in a New York slip and fall case include:
Medical costs: These types of damages compensate victims for things like hospital bills, doctor visits, and other associated medical expenses.
Lost wages: If an individual is unable to work due to his or her injures, the court may award him or her compensation for lost income.
Pain and suffering: Slip and fall accident victims also may be eligible to receive compensation for physical and mental pain caused by their injuries.
Contact a Personal Injury Attorney
If you’ve been injured in a slip and fall accident in New York, you should contact a personal injury attorney as soon as possible. At the Law Offices of Frank J. Dito, Jr., we provide legal representation to slip and fall accident victims in Brooklyn and Staten Island. When you come to us for assistance, we’ll do everything in our power to ensure that you obtain financial compensation for your injuries. Please contact us today to schedule a free consultation.