Slip and Fall Accidents

Premises Liability Lawyer Representing Residents of Westchester County and Beyond

Slip and fall accidents are very common in Westchester County and elsewhere in New York. Although they may sound minor, they can result in serious injuries, including traumatic brain injuries, spinal cord damage, and broken bones.

If you are hurt in a slip and fall, you may need to figure out how to recover compensation for your injuries. Most people do not have enough saved up to address the significant financial losses associated with serious injuries. Mark A. Siesel is a White Plains slip and fall lawyer who may be able to help you recover damages if you are injured in a slip and fall or trip and fall. If you have been injured, contact The Law Office of Mark A. Siesel for a free consultation.

Common Injuries in Slip and Fall Accidents

Slip and fall accidents can lead to a wide range of injuries, depending on the impact, the location of the fall, and your overall health. In the best of circumstances, you may be able to brush off a slip and fall because you’ve suffered no injury. If you are not so fortunate, you may experience any combination of these injuries:

• Fractures. Broken bones are a frequent result of slip and fall accidents, particularly in older individuals. Areas like the wrist, hip, ankle, and arm are especially vulnerable because you may put your hand out to stop the fall or may twist your leg on the way down. For older adults, hip fractures are common in falls and can lead to loss of independence or even premature death.
• Sprains and strains. These injuries occur when muscles or ligaments are overstretched or torn during a fall. In falls, strains and sprains commonly affect the lower body, especially the ankles and knees.
• Head injuries. A fall can cause a mild concussion or a more serious traumatic brain injury (TBI) or skull fracture.
• Back and spinal injuries. Damage to the spine, including herniated discs or injuries to the back muscles and ligaments, is a significant risk in slip and fall accidents. These injuries can result in chronic pain or limited mobility.
• Knee injuries. A fall can lead to knee sprains, ACL tears, or dislocations, which may severely impact mobility. If you fall forward, you can even break your kneecap, which may require surgery to fix.
• Bruises. Directly hitting the ground or another surface may cause soft tissue damage, leading to bruises and swelling. While these injuries are considered mild and will heal on their own, they can still be painful. When they occur on your face, they can also make you feel self-conscious or can even affect your work if you have a public-facing job.
• Lacerations. Falling onto sharp objects or rough surfaces can cause cuts, typically on the hands, arms, or face. As with bruises, these can make you feel self-conscious. Lacerations can also become infected, requiring additional treatment. Deep cuts may also require stitches, which can be painful and can lead to scarring.

• Soft tissue injuries. Damage to muscles, tendons, and ligaments can lead to ongoing pain and swelling, restricting movement.

In some cases, these injuries can result in chronic pain, permanent disability, or a decrease in overall quality of life. Mobility may be compromised, which can make everyday tasks more challenging. Additionally, the fear of further injury or loss of independence, can contribute to mental health issues such as anxiety or depression. The cost of medical treatment, rehabilitation, or even long-term care can also have a lasting financial impact. In the worst cases, slip and fall injuries can tragically lead to fatalities.

Whether you are missing work because of a slip and fall or have lost a family member due to a slip and fall, don’t dismiss the seriousness of your situation. Contact a slip and fall accident attorney to find out how to seek justice and compensation for your injury.

Slip and Fall Claims

Property owners owe a duty to visitors to keep their property reasonably safe for them. It may be possible to recover damages for injuries arising out of a slip and fall accident by filing and winning a premises liability lawsuit. Premises liability lawsuits are brought when a property owner or occupier fails to keep up or repair a property, and a visitor is injured because of the dangerous condition that should have been repaired. Slip and fall accidents often happen in restaurants, malls, office complexes, condominium complexes, apartment buildings, grocery stores, or train stations. It can be challenging to establish a slip and fall lawsuit, making it crucial to retain an experienced attorney.

You will need to show that the property owner either knew or should have known about the dangerous condition that harmed you, but it did not act to repair the danger or warn about the danger. Actual notice exists when a property owner knew about the danger. A slip and fall attorney in White Plains can show constructive notice when a property owner, using reasonable care, should have known about the danger. Usually, this means that the danger lasted long enough or was obvious enough that someone inspecting his or her property for safety concerns would have seen it.

Slip and fall or trip and fall lawsuits are more often based on constructive notice than actual notice. For example, if a slippery substance was spilled on the grocery store floor, and that was what caused the victim to slip, we would need to show that it was on the floor for so long that the grocery store employees should have known about it had they been making periodic inspections of the property or had appropriate safety guidelines been put in place. Other dangerous conditions might include a broken step, a broken sidewalk, or other uneven walking surfaces.

Defenses

A White Plains slip and fall attorney may need to overcome various defenses by a property owner that contests its liability. It may argue that the victim was not paying attention to where they were going, and their comparative negligence contributed to the accident. It could also argue that the victim was injured in some place where visitors were not allowed or were not expected to go. It could also argue that there were reasonable steps taken to protect visitors, such as orange cones, but the victim ignored them and proceeded anyway.

Statute of Limitations

In New York, you need to sue for injuries arising out of a slip and fall or trip and fall within three years. It is important to be aware of the statute of limitations. If you miss the three-year statute of limitations, your ability to recover damages probably will be barred. Additionally, as time goes past, evidence vanishes. For example, storeowners often erase surveillance footage. This means that important evidence for your case could be erased even a week after your accident. Accordingly, it is very important to have a skillful attorney represent you and send a spoliation of evidence letter to the property owner right away, letting them know that litigation is pending.

Discuss Your Case with a Slip and Fall Lawyer in White Plains

Nobody expects to be injured when they go shopping, go out to eat, or go to visit a friend. Slip and fall accidents are one of the most common injuries sustained in public places and they can result in serious injuries. Never take this kind of accident lightly and always get medical attention to rule out a head injury or other serious injury.

If you were injured in a slip and fall in the Upper Hudson Valley or New York, you should call The Law Office of Mark A. Siesel. We also represent clients in Brooklyn, the Bronx, and Queens, as well as Westchester, Kings, Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster Counties. Call us at (914) 428-7386 or complete our online form.

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