Any excursion outside the home, even one as simple as walking to your mailbox, carries with it the potential to slip and fall. If this kind of accident occurs while on someone else’s property due to an issue the owner could have reasonably prevented, they may be liable to pay damages.
New York’s laws concerning fault for slip and falls examines the landowner’s obligations in protecting the injured person. A nearby Bronx slip and fall lawyer will investigate every aspect of your case to establish this duty and to prove that the property owner failed to protect you. By working with a Bronx personal injury attorney, you may give yourself the best chance of recovering the compensation you deserve.
How Are Slip and Fall Cases Handled in New York?
While some states mandate a complex legal analysis for slip and falls, New York uses a simpler interpretation of the standard law. Whenever an accident happens on another person’s land, the only necessary question in terms of justifying a personal injury case is whether it was reasonable for that landowner to protect the injured person from a known hazard.
The answer to this question can take many factors into account, such as why the visitor was on the land, whether the hazardous condition occurred in the past, and whether the landowner knew or should have known of the condition prior to the incident. In some cases, there may also be some extent to which the visitor assumed the risk of an accident by virtue of entering the property, which can affect their liability for a lawsuit.
Comparative Negligence Explained by a Slip and Fall Lawyer in The Bronx
New York also follows the rule of comparative negligence. This means that even if the plaintiff is partially responsible for the accident, they may still recover damages. For example, if a person falls on ice outside a convenience store and breaks their leg, the jury may award $50,000 in damages. However, the same jury may state that the injured person was 20 percent at fault, perhaps because they were running or wearing improper shoes. The total award would then be reduced to $40,000. For more information about comparative negligence, contact a knowledgeable Bronx slip and fall lawyer near you.
Learn more about slip and fall lawsuit values in this discussion.
Typical Damages Available in Slip and Fall Cases in The Bronx, New York
A slip and fall may sound like a minor concern compared to a car crash or workplace accident. However, slip and fall accidents may force a person quickly and unexpectedly to the ground, and the sudden impact may lead to serious injuries.
Here are a few of the common injuries that can result from slip and fall accidents:
- Concussions
- Severe bruising
- Separated joints
- Broken bones
In extreme cases, victims can suffer from traumatic brain injuries or spinal cord damage that causes paralysis.
The damages that can be claimed in a slip and fall case are not limited to medical costs. Especially severe claims may incorporate other non-physical losses, such as missed time at work and loss of enjoyment of life as well.
Remember, even the most straightforward slip and fall cases in the Bronx, New York, may fail if the claim is not filed in time, as there is a strict statute of limitations that control when a plaintiff may file a case in court. According to New York Civil Practice Law and Rules 214, any claim alleging personal injury must be brought to court within three years of the date of the accident.
If you’ve been involved in such an incident, consulting a slip and fall accident lawyer in the Bronx can ensure that your claim is filed correctly and promptly. Additionally, if you’ve suffered a spinal injury, speak to one of our Bronx spine injury lawyer today!
Case Examples of Slip and Fall Settlements in The Bronx
How much compensation you get for a slip and fall settlement in the Bronx varies based on the unique circumstances of each situation and the severity of your injuries. Based on the settlement data on this page, the average slip and fall settlement is between $150,000 to $8,000,000.
$150,000 Settlement for a Trip and Fall Injury
Frekhtman & Associates settled a trip and fall accident case at a mediation in June 2010. A tenant in a two-family house was exiting when she tripped and fell over one of two decorative flower pots lining the exterior steps leading to the home’s entrance. The accident happened at night and plaintiff claimed the area was not well lit. In addition, plaintiff claimed the flower pot was a dangerous obstruction of the passageway to her home and a violation of the fire code. After extensive negotiations, the defendants offered $150,000 to settle the claim. Plaintiff suffered an ankle fracture which required surgery.
$3,500,000 Settlement for a Slip and Fall Injury in The Bronx
The plaintiff, an unemployed 41-year-old, slipped and fell on metal stairs at a Bronx subway station in March 2015. They alleged injuries to their neck, hand, and shoulder and sued the New York City Transit Authority for negligence, claiming they failed to maintain the stairs properly, especially in clearing snow and ice.
After the fall, the plaintiff was treated at nearby hospitals, where MRI confirmed herniated cervical discs. Despite a previous neck surgery, they claimed the fall worsened his condition, requiring multiple surgeries including cervical fusions and shoulder procedures.
The plaintiff asserted that their injuries prevented them from engaging in activities they enjoyed, like dancing and boxing, and caused partial paralysis in their left hand. After the trial began, both parties settled for $3.5 million, following testimony and arguments about the extent and cause of his injuries.
$8,000,000 Settlement for Slip and Fall Injuries and Construction Accident Bronx County
In February 2006, a 44-year-old carpenter, a member of a condominium renovation crew in New Rochelle, fell about 15 feet while moving between scaffolds. They claimed injuries to their back and neck. The plaintiff sued the general contractor and the premises’ owner, alleging violations of New York State Labor Laws. The plaintiff asserted that the scaffold shifted due to a missing crossbar, arguing it was an elevation-related hazard under Labor Law § 240(1) and lacked proper safety equipment as required by statute § 241(6). Defense argued the plaintiff should have chosen a safer scaffold or method.
Summary judgment of liability was granted to the plaintiff. They were hospitalized with a pilon fracture in their left ankle, treated with a cast for two days. Subsequently, they reported neck and back pain, diagnosed with herniated discs. Treatment included medication, physical therapy, cervical spine fusion in 2007, and a discectomy in 2009.
The plaintiff claimed residual arthritis in their left ankle requiring fusion and ongoing pain preventing them from work and recreational activities. They sought damages for lost earnings, future medical expenses, and pain and suffering. A settlement agreement was reached for $8 million.
Contact a Bronx Slip and Fall Attorney Today
If you were injured in a slip and fall accident and need to speak to a Bronx slip and fall attorney, contact Frekhtman & Associates online or call 347-657-6402 for a free case evaluation. Any slip and fall incident on anyone else’s property may be grounds for a claim. Even in a rented apartment, the landlord has a duty to ensure that the unit is safe for habitation.
To win a slip and fall case, the plaintiff must show that the defendant knew of the hazard and yet did not warn the plaintiff. A Bronx slip and fall lawyer could work to support this notion by interviewing witnesses, examining incident reports, and watching security footage to get to the bottom of the accident. Call today to learn more about your rights following a slip and fall and let the nearby slip and fall lawyers in the Bronx, NY, at Frekhtman & Associates help you.