Times of Need
Bronx Trip and Fall Accident Lawyer
The Bronx New York Law Office of Mark A. Siesel represents clients throughout Bronx County who have suffered injuries due to the negligence of property owners and landlords in the ownership, operation, maintenance, inspection and repair of their property. The key to a successful trip/slip and fall case is to obtain and establish evidence that the defendant “knew or should have known” that the stair, sidewalk or other surface was defective or improperly maintained, and failed to take the necessary action to repair or remove the dangerous condition that caused the accident despite this advance knowledge or “notice”. In this area of the law, it is vital that you retain an experienced, knowledgeable and dedicated lawyer to represent you, as there are numerous defenses to these types of cases and it is crucial that evidence be obtained immediately before the defendant, their insurance company, or their counsel have had an opportunity to remove or tamper with that evidence. For example, in a slip and fall on ice case, photographs of the dangerous stairs or flooring must be secured, and witness statements obtained, before the landlords’ insurance company speaks with the witnesses and before the dangerous conditions that caused the accident are no longer present. Our clients are well advised to never speak with insurance adjusters who seek to offer minimal settlements for significant injuries with the requirement that clients sign a release which forfeits the client’s rights to fair compensation for their injuries.
TYPES OF CASES
Our office represents clients who have been injured when falling on defectively maintained stairs, as the result of inadequate or non- existent handrails; and due to lack of compliance with local or New York State building codes. Our clients have been injured both at places of business and in private homes. Frequently, our clients suffered injuries on an accumulation of ice which was allowed to develop due to inadequate or non-existent property maintenance, or on a slippery supermarket floor, or due to a building defect which we establish with the use of expert engineers or architects. The law permits landlords several hours after the conclusion of a storm to begin removing snow and ice, and we obtain the necessary certified weather reports to determine if there is a valid claim of negligence.
Generally, it is the property owner’s responsibility to warn visitors of dangerous conditions and to maintain the property so as to avoid the creation of hazards. In cases involving slip/trip and fall accidents, it must be proven that the property owners either created unsafe conditions which led to the injury, or knew about the dangerous conditions but failed to warn visitors or tenants. The law requires that property owners keep their premises reasonably safe for people who are on their property.
Our office has also represented numerous clients who have suffered severe injuries due to falling merchandise at large “big box” stores, such as Home Depot and Costco, where heavy products are frequently and unsafely stacked on shelves without proper safety precautions, resulting in potentially devastating injuries to customers.
In cases involving municipalities (cities, towns or villages), such as a trip and fall on a defective sidewalk, it is essential that you contact an attorney immediately, as a notice of claim must be filed within 90 days of an accident or your claim will be dismissed. In general, it is very important to act quickly in all trip and fall cases so that evidence can be obtained before it is lost forever.
PERSONAL ATTENTION TO YOUR CASE
At the Law Office of Mark A. Siesel, we are committed to getting to know each of our clients, the extent of their injuries, and the impact of the accident on their lives in order to obtain the maximum possible compensation for their injuries. This includes pain and suffering, both past and future, loss of earnings and earnings potential, medical and hospital expenses, past and future, and loss of enjoyment of life. We have the resources and expertise to thoroughly and vigorously investigate and prosecute your case, and we pride ourselves on making sure that clients are always fully and promptly apprised of all developments in their case by letter, phone or e-mail. We will identify the parties who might be at fault for your injuries and aggressively work to resolve your case through settlement or jury verdict, if the insurance companies and self-insured defendants involved are unreasonable or fail to accept responsibility.
If you have been injured in any type of slip/trip and fall accident in Bronx County or throughout the metropolitan area, call us at (914) 428-7386, or contact us online for a free consultation.