What to Do After a Slip and Fall Accident in New York

Slips, trips, and falls are among the most common causes of personal injury, often resulting in unexpected trauma and confusion for the victims. Knowing the steps to take immediately after such an accident is crucial for your health and any potential compensation claims.  In this article, our New York slip and fall accident lawyers provide guidelines for accident victims and highlight the importance of these actions. We also explain the benefits of legal assistance in navigating the complex process that follows.

Crucial Steps You Should Take After a Slip and Fall Accident

The steps you take immediately after a fall can significantly impact your ability to recover compensation later on. Here are crucial actions to consider:

Document the Accident Scene

Take photos and video of the location, the hazardous condition that caused your fall, and your injuries. If it is safe and otherwise possible to do so, take as many photos as possible from such perspectives as:

• Close-up pictures and pictures from afar
• Different angles
• Ground level to show the depth of the dangerous condition

If it is possible, use a ruler or common object, such as a soda can, near the defect to provide a means to approximate the dimensions of the hazardous condition.

Gather Witness Information

If anyone saw your slip and fall, ask for their name and contact information. It is also worth speaking with people who knew about the hazardous condition before your fall, even if they did not witness the accident. They could provide important details about how long the condition existed or whether anyone had reported it before you were injured.

Report the Accident

Inform the property owner, manager, landlord, or another responsible party about the accident as soon as possible. Make a note as to the name and, if applicable, title or position of the person to whom you reported the incident. If that person refuses to provide their name and title or you do not obtain it for some other reason, note their physical description. When you report what happened, stick to the facts and avoid admitting fault or guessing about what caused your fall. If the property has an incident reporting process, ask for a written report to be completed. If one is available, request a copy for your records. Promptly reporting the accident creates a record of when and where the incident occurred, which could become important when filing a claim.

Seek Medical Attention

Prioritize your health by seeking medical attention to address your slip and fall injuries as soon as possible. Do not make assumptions about your health. A medical evaluation could identify conditions that are not immediately apparent. Medical records also create documentation of your injuries, which is important in tying them to the accident when you later file a claim.

Consult With an Attorney

Speaking with a personal injury lawyer as soon as possible gives you a clearer understanding of your legal rights and the steps involved in filing a claim. An attorney:

• Reviews the circumstances of your accident
• Explains your options
• Works to preserve important evidence before it is lost and begins investigating the circumstances of your accident 

Early legal guidance also allows you to avoid common mistakes, such as making statements or accepting settlement offers before you understand the potential value of your claim.

For a free legal consultation, call (516) 932-0400

Common Causes of Slips, Trips, and Falls

When an individual sustains injuries in a fall on someone else's property, it is typically due to a hazardous condition. These accidents can happen anywhere but are most common in places with:

• Wet or slippery floors without proper signage
• Uneven sidewalks or flooring
• Poorly lit staircases or walkways
• Obstructions or debris on the ground

Premises liability laws require property owners to keep their spaces safe. As the Court of Appeals, the highest court in the State of New York, has declared, a property owner is held to a “standard of reasonable care under the circumstances whereby foreseeability shall be a measure of liability.” In these cases, key premises liability claim components include:

• Duty of Care: The property owner’s obligation to provide reasonably safe conditions for those whose presence on the property is reasonably foreseeable
• Breach of Duty: A property owner’s failure to address known hazards
• Causation: The direct link between the breach and the accident
• Damages: Provable injuries and losses resulting from the accident

Success in a premises liability case hinges on showing the property owner's awareness of a danger without taking proper action, which can be:

• Actual Knowledge: The property owner actually knew of the dangerous condition.
• Constructive Knowledge: The property owner should have known of the dangerous condition through the exercise of reasonable care. (The longer a dangerous condition existed, the stronger the argument that the person(s) responsible for the property ought to have discovered the problem and either repaired it, warned of it, or blocked access to it to prevent harm. This is why evidence as to how long a dangerous condition existed before the accident can be so important.) 
• Created the Condition: If the person(s) responsible for the property created the condition (for example, one of their agents just mopped the floor and did not place a “Wet Floor” sign or barricade the area), their knowledge of the dangerous, slippery floor condition is presumed. 

We then use the evidence gathered to prove each element of negligence and demonstrate how the property owner's conduct caused your injuries. 

Determining Liability in Slip, Trip, and Fall Cases

Determining liability is a pivotal aspect of these cases, involving an examination of whether the property owner was negligent. Key considerations include:

• Did the owner know about the hazardous condition and fail to address it?
• Was the hazard obvious or hidden?
• Could the accident have been prevented with reasonable care?

It’s also important to understand the concept of comparative negligence and how it applies to your case. Comparative negligence is a legal principle used to allocate fault among parties involved in an accident, affecting the amount of compensation that can be awarded. In slip and fall cases, under New York Civil Practice Laws and Rules § 411, each party's compensation is reduced by their percentage of fault in contributing to the accident. If a plaintiff is found partially at fault for their injuries, their compensation will be reduced accordingly.  In practice, if you were involved in a fall caused by negligence and the following was determined:

• You were 30% at fault because you were not paying attention to where you were walking
• The property owner was 70% at fault for not maintaining the premises safely

Your total compensation would be reduced by your percentage of fault. So, if the court awards $100,000 in damages, you would receive $70,000 after the 30% reduction for your comparative negligence.

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Common Injuries and Seeking Compensation

Slip and fall victims often suffer from a range of injuries, including but not limited to:

• Broken bones
• Head injuries, including traumatic brain injuries (TBI)
• Spinal cord injuries
• Cuts and bruises

The compensation for these injuries can cover:

• Medical expenses: Covering the medical bills of emergency treatment, hospital stays, medications, and follow-up visits, ensuring victims are not financially burdened by the medical care necessary to address their injuries.
• Lost wages: Compensating for the income lost during recovery when the injury prevents the victim from working. 
• Pain and suffering: This addresses the non-economic damages, such as physical discomfort and emotional distress, caused by the accident. 
• Rehabilitation costs: Funding for physical therapy, counseling, and other forms of rehabilitation needed to recover from the injury. 

Our team will thoroughly examine your case and determine a settlement value that reflects your current losses and long-term needs.

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The Role of a Trip and Fall Lawyer in Your Case

The aftermath of these accidents can be overwhelming, especially when dealing with injuries and potential legal complexities. Consulting with a New York personal injury lawyer from our law firm offers several benefits:

• Skilled, Experienced, and Dedicated Guidance: Lawyers experienced in these cases will navigate the legal system and advocate on your behalf, including communicating with the insurance company, determining a settlement, and, if necessary, filing a lawsuit to represent your interests in court.
• Maximizing Compensation: Professional legal representation helps pursue the maximum compensation available under the facts of your case. 
• Peace of Mind: Having a dedicated team to handle legal matters relieves you of the stress of adversarial communications and filing deadlines, allowing you to focus on your medical treatment, healing, and recovery.

The legal process following an accidental fall involves several steps, from gathering evidence to negotiating with insurance companies and, if necessary, going to trial. Acting promptly is crucial due to the statute of limitations that limits the time frame for filing a lawsuit. (It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. Speaking with a lawyer can help clarify which deadlines apply and what legal options may be available.)  The knowledge of a personal injury lawyer becomes invaluable here, simplifying the process and pursuing the best possible outcome under the facts of your case. 

Call Friedman & Simon, L.L.P. for Your Free Consultation

If you or a loved one has been injured in a slip and fall accident, Friedman & Simon, LLP is ready to advocate for your rights. We offer the guidance and support necessary to effectively navigate your case. Let our team guide you on the path to justice. We handle the legal aspects while you focus on recovery.  Contact us today for your free consultation.

Call or text (516) 932-0400 or complete a Free Case Evaluation form