Davidoff Law Personal Injury Lawyers helps injured clients file strong slip and fall claims. Our team knows what it takes to show that the fall occurred because of a dangerous condition that was ignored or left unfixed. We gather strong proof, explain your rights, and fight for the monetary compensation you need. If you've been hurt on private property or any public space, we're ready to help you build a strong case and prove liability.

What Is Negligence in a Slip and Fall Case?

Negligence in a slip and fall case means the property owner failed to take proper steps to keep their space safe for others, especially when they knew or should have known about a dangerous condition that could hurt someone.

In most slip and fall accidents, a person falls because of something that should have been cleaned, fixed, or warned about, but wasn’t handled in a timely manner. A fall claim depends on showing that the property owner owed you a legal duty to keep the area safe, and they failed to do that by not using reasonable care.

Whether you fell on stairs, in a grocery store, or outside a building, if a hazardous condition caused your injury, the law allows you to hold the property owner accountable. It’s not enough that a fall incident happened, you must prove the property owner fails to take proper steps to fix the issue before your fall occurred.

Why Proving Negligence Is Key to Winning Compensation

In any fall lawsuit, proving negligence is what allows you to recover compensation. You must show that the property owner’s negligence led directly to your injury. Without this, the insurance company may deny your claim.

A strong case needs clear proof that the fall accident didn’t just happen—it happened because of the property owner’s failure to keep their property safe.

Property Owner’s Duty of Care Explained

Every property owner has a duty to keep their property free from potential tripping hazards. They must fix problems, warn visitors, and inspect their space regularly. If the property owner owed you that duty but failed to meet it, and you got hurt, that’s where liability starts.

A personal injury attorney can help prove that the property owner's negligence caused your injuries.

The Four Elements You Must Prove

Duty: The Property Owner Had a Legal Obligation

The property owner owed you a duty to keep the premises safe. If you were invited onto the property or allowed to be there, they had a legal duty to fix dangers or give clear warnings.

Breach: The Duty Was Violated

A fall attorney must prove that the owner broke this duty. Maybe they ignored a wet floor or didn’t fix broken stairs. That dangerous condition existed, and they failed to act.

Causation: The Breach Directly Caused the Fall

You must show the hazardous condition caused your fall accident. You didn’t just fall—it happened because the property owner did not address the issue in time.

Damages: You Suffered Measurable Harm or Loss

To win your injury claim, you need to show how you suffered harm. This includes medical bills, lost time at work, or pain from your fall injuries.

Common Conditions That Show Negligence

Certain conditions on a property often show that the owner was careless. These are warning signs in many slip and fall cases, and they can help you prove fault and file a strong fall claim.

Wet Floors Without Warning Signs

Spills, leaks, or cleaning without signs make walkways unsafe. If no one cleaned it or warned you, that’s negligence.

Broken Stairs or Loose Handrails

Falls often happen because of broken stairs or handrails that give out. These are major safety issues and often lead to a strong fall lawsuit.

Poor Lighting in Walkways

When lighting is too dim, it’s hard to see obstacles. Poor lighting is a hazardous condition that should be fixed right away.

Snow or Ice Not Properly Cleared

In winter, property owners must clear snow and ice. If not, walkways become slippery and dangerous.

Uneven Sidewalks or Flooring

Cracked sidewalks or lifted tiles are potential tripping hazards. If they’re not fixed in a timely manner, the owner could be liable.

Key Evidence That Helps Prove Negligence

Photos and Videos of the Scene: Clear pictures or security camera footage can show the hazardous condition at the time of your fall incident.

Incident Reports or Complaints: If others reported the issue before your fall, that helps prove the property owner knew but did nothing.

Witness Statements: People who saw the fall occurred can confirm what caused it. Witnesses are powerful tools in any slip and fall lawsuit.

Maintenance or Inspection Records: If records show missed checks or ignored problems, it supports your negligence claim and helps prove fault.

Medical Records Linking Injury to the Fall: Medical documents and hospital bills help show your injuries came from the slip and fall incident, not something else.

Defenses Property Owners May Use

In many slip and fall accidents, property owners try to avoid blame. They may use these common defenses to reject your personal injury case or lower your monetary compensation.

1. You Were Trespassing: If you didn’t have permission to be on the property, the owner might claim they had no duty to protect your own safety.

2. The Danger Was “Open and Obvious”: They may say the hazard was clear to see, and a careful person would have avoided it.

3. You Were Distracted or Careless: Some owners claim you were on your phone or not watching where you walked, which shifts the blame to you.

4. They Had No Time to Fix the Hazard: They might argue the danger had just appeared, and they didn’t have a chance to fix it in a timely manner.

FAQs

Contact Our Slip and Fall Accident Lawyer for a Free Consultation

We take the time to explain your rights and help you file a strong personal injury claim. You may be entitled to monetary compensation for medical bills, lost income, and more. We offer a free consultation and don’t charge unless we win. Contact our law firm today and let a skilled fall lawyer fight for you.

If you've been hurt in a slip-and-fall accident in Queens, you know how serious it can be. Many people don't realize the impact these accidents can have on your life. At Davidoff Law Personal Injury Lawyers, we understand your challenges and are here to help. Our experienced lawyers specialize in handling slip-and-fall cases, ensuring you get the support and compensation you deserve.

Slip and fall injuries can be serious. Make sure you see a doctor for your fall injuries first. Then, get in touch with our Queens slip and fall accident lawyer to schedule a free consultation. We have well-versed lawyers handling slip and fall claims, and we will work to help you secure fair compensation.

Learn more about how a slip and fall injury could impact you. Then, reach out to our slip-and-fall accident attorneys to discuss your slip-and-fall incident.

Secure Legal Representation From Queens Slip and Fall Accident Lawyer

You need a lawyer who can navigate these complex cases when you're hurt in a slip-and-fall accident. That's where our team at Davidoff Law Personal Injury Lawyers comes in. We have the experience and knowledge needed to fight on your behalf. From examining the accident to negotiating with the insurance company, we fight for slip and fall victims.

We aim to make the legal process as smooth and stress-free as possible for you. We'll handle all the legal details, keeping you informed every step of the way. Our lawyers will dedicate their time to answering your questions.

Understanding Slip and Fall Law in Queens, NY

Slip and fall law in Queens is complex, but understanding it is key to winning your case. These laws determine who is responsible for your injuries and how you can seek compensation. Our team at Davidoff Law Personal Injury Lawyers knows these laws inside and out. We'll explain everything clearly so you understand your rights and options.

Standard of Care in New York

In New York, property owners must keep their premises safe. This is known as the "standard of care." They must fix hazards or warn people about them. If they don't, and someone gets hurt, they can be held liable.

If you're injured in a slip and fall in Queens, proving the property owner failed to meet this standard is crucial. We at Davidoff Law Personal Injury Lawyers will gather evidence to show this failure. This can include photos of the hazard, witness statements, and expert testimony. We aim to build a strong case proving the property owner's negligence.

Contributory Negligence and Your Case

In New York, you can still get compensation even if you're partly at fault for your fall. This is due to New York's contributory negligence law. It means the court looks at how much each person is to blame for the accident.

If the court finds you're partly to blame, it reduces your compensation accordingly. For example, if you are found 30% at fault, your compensation will be diminished by 30%. Our team at Davidoff Law Personal Injury Lawyers works hard to minimize your fault in the accident. This ensures you get the maximum compensation possible.

Statute of Limitations for Slip and Fall Cases

In Queens, you have a limited time to file a slip and fall lawsuit. This is known as the statute of limitations. In New York laws, the statute of limitations for personal injury lawsuits such as slip and fall accidents is typically three years reckoning from the accident date pursuant to New York Civil Practice Law & Rules Section 214. If you miss this deadline, you lose your right to sue.

Types of Slip and Fall Accidents

• Wet and Slippery Surfaces: These accidents often happen when floors are wet or icy. Property owners should warn about these conditions and fix them quickly. When they don't, it can lead to dangerous falls.
• Uneven or Broken Flooring: Tripping on uneven or broken floors is common. Property owners should keep floors in good condition to prevent accidents. 
• Cluttered Walkways: Items left in walkways can cause people to trip and fall. Property owners need to keep paths clear. They can be responsible for the damages if their negligence leads to an incident.
• Poor Lighting: Accidents can happen when areas are poorly lit. People might not see hazards in time to avoid them. Property owners need to ensure adequate lighting to prevent these kinds of accidents.
• Unsafe Stairs: Stair-related falls can be severe. Property owners must maintain stairs, including handrails and lighting. If they don't, and someone is injured, they can be held accountable.

Causes Slip and Fall Accidents in Queens, NY

Many factors can lead to slip and fall accidents in Queens. It's often a mix of unsafe conditions and negligence. At Davidoff Law Personal Injury Lawyers, we see cases where property owners have neglected their duty to keep their premises safe.

Unsafe Property Conditions

1. Wet or Slippery Surfaces: Accidents often happen when floors are wet or icy. Property owners must clean up spills and de-ice walkways. If they don't, and someone slips and falls, they can be held responsible.
2. Poorly Maintained Walkways: Cracked, uneven, or damaged walkways commonly cause trips and falls. Property owners need to fix these issues promptly. If they fail to do so, leading to an injury, they can be liable.
3. Inadequate Lighting: Poor lighting can hide hazards, leading to falls. Property owners should ensure all areas are well-lit. The property owner may be held liable if poor lighting contributes to an accident.

Negligence of Property Owners or Managers

1. Failure to Warn: Property owners must warn about known hazards. If they don't, and someone gets hurt, they can be responsible. This includes signs for wet floors or construction areas.
2. Failure to Address Hazards: When property owners know about a hazard but don't fix it, it's negligence. This can include things like broken stairs or loose floorboards. If this negligence leads to an injury, they can be sued.
3. Code Violations: Property owners must comply with safety codes. Violations, like blocked fire exits or missing handrails, can lead to accidents. If these violations cause an injury, the property owner can be held liable.

Common Injuries From Slip and Fall Accidents

A. Traumatic Brain Injury (TBI): Traumatic brain injuries can take place when you hit your head in a fall. These injuries can lead to lifelong complications. Some can even make it hard to return to work.

B. Hip and Other Bone Fractures: Falls often result in broken bones, especially in older adults. Hip fractures are particularly serious and can lead to long-term disability.

C. Ankle Injuries: Ankle sprains and fractures are common in slip and fall accidents. These injuries can bring about chronic pain and mobility concerns. They often require medical treatment and physical therapy.

D. Back and Spinal Cord Injuries: Falls can cause serious back and spinal cord injuries. These can range from herniated discs to paralysis. These injuries can have a major impact on your life and require extensive medical care.

What to Do After a Queens Slip and Fall Accident

1. Seek Medical Attention: Always get checked by a doctor, even if you think you're okay. Some injuries aren't immediately obvious.
2. Report the Accident: Tell the property owner or manager about the fall. This creates a record of the incident.
3. Document Everything: Record the scene and document your injuries. Get contact info from any witnesses.
4. Keep a Record: Save all medical records and receipts related to your injuries. This includes doctor's visits and any medications.
5. Don't Make Statements: Be careful what you say to insurance companies or others involved. Your words can be used against you.
6. Contact a Lawyer: Consult with a slip and fall lawyer as soon as possible. They can guide you on the next steps.
7. Follow Your Lawyer's Advice: Your lawyer knows how to handle these cases. Trust their advice and let them handle the legal details.

How a Queens Slip and Fall Case Works

Filing a slip-and-fall lawsuit involves several steps. First, your lawyer will investigate the accident. They'll gather evidence, talk to witnesses, and build your case. Then, they'll file a lawsuit on your behalf.

After this, both sides will exchange information. This process is called discovery. Your lawyer will use this information to strengthen your case. They'll also negotiate with the other side to try to reach a settlement. Your case will go to trial if a settlement can't be reached.

Proving Liability in Slip and Fall Cases

To win your slip and fall case, you must show that the property owner was negligent or harmful. This means showing they knew or should have known about the hazard. You also need to show they didn't fix it or warn about it.

Your lawyer will gather evidence to support your case. This can include photos, witness statements, and expert testimony. They'll also use the property owner's records against them. The goal is to prove their negligence led to your accident and catastrophic injuries.

Types of Damages Available to Slip and Fall Accident Victims

If you win your slip and fall case, you can get compensation for various damages. This can include medical expenses, lost wages, and pain and suffering. The exact amount depends on the specifics of your case.

Economic Damages

Economic damages can help you recover the money you have lost after the incident. This includes lost pay, medical bills, and even emergency care for traumatic brain injuries. It's important to keep all receipts and records to prove these costs. Your lawyer will help calculate the total amount and fight for your right to compensation.

Non-Economic Damages

Non-economic damages compensate for non-financial losses. This can cover chronic pain, emotional distress, and loss of enjoyment of life. These damages are harder to quantify, but your lawyer will argue for a fair amount. They'll use your medical records and testimony about how the injury affected your life.

How Our Queens Slip and Fall Lawyers Can Help You Fight for Damages

A. Legal Consultation: Our first step is to understand your case. We'll discuss the accident and your injuries to assess your legal options. This consultation is free and helps us plan the best way forward.

B. Investigation: We'll thoroughly investigate the accident. This includes visiting the scene, gathering evidence, and talking to witnesses.

C. Building a Strong Case: Our team will use the evidence to build a strong case. We'll highlight the property owner's negligence and the impact of your injuries. This preparation is key to winning your case.

D. Negotiation and Settlement: We'll negotiate to reach a fair settlement with the other side. We aim to get you the compensation you deserve without going to trial. But we're prepared to fight in court if we can't reach a settlement.

E. Litigation: We'll represent you in court if your case goes to trial. We'll present your case clearly and convincingly to the jury. We're committed to fighting for your rights and getting you the justice you deserve.

Contact Our Queens Slip and Fall Accident Lawyer at Davidoff Law Personal Injury Lawyers for a Free Consultation

If you've suffered from a slip-and-fall accident in Queens, don't wait to get help. Our team at Davidoff Law Personal Injury Lawyers is here to support you every step of the way. We understand how overwhelming this time can be, and we're committed to making it easier for you.

Our experienced Queens slip and fall accident lawyers will handle all the details and fight for your rights. Contact us today for a free consultation, and let's start working on your case.