Articles Posted in Slip and Fall

Published on:

undefined
A new term is now in use for New Yorkers as we as we set to experience a “Bomb Cyclone.” What is a “Bomb Cyclone?” According to this article by Forbes.Com, it is essentially a winter hurricane – a powerful low pressure system that rapidly intensifies. Of course, a storm such as this increases the risk of accidents due to snow and ice on the streets and sidewalks which are a major cause of personal injuries. If you have an accident and fall on snow and ice, these are the Top Six things you or someone on your behalf should do as soon as possible:

1. Call for help – you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

Published on:

undefined
The winter weather season is rapidly approaching. During this season, snow and ice accidents are a major cause of personal injuries. If you have an accident and fall on snow and ice, these are the Top Six things you or someone on your behalf should do as soon as possible:

1. Call for help – you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

Published on:

driving-1461864_1920
Winter is that time of year which can bring its own unique circumstances that make accidents more likely and dangers more catastrophic. Of course, not all accidents are preventable, but there are steps that can be taken to minimize accidents and the potential impact on yourself and your family. Below are a list of 10 Safety Tips to prepare for the upcoming winter from the perspective of experts in New York Personal Injury Law:

  1. Smoke and Fire Detectors – Fires are a major concern in the cold weather months with the need for heat and the simple recognition that many people use different heating sources depending on their circumstances. Regardless of the heating sources used, smoke and fire detectors are a must. These should be installed and inspected prior to winter months to ensure that they are working properly and, if necessary, the batteries have been replaced and are in good working order. This simple safety device can make an immeasurable difference in the prevention of tragedy.
  2. Servicing your car – Prior to the winter, you should bring your car or cars to be serviced and winterized. This will insure that your tires are in good shape and can handle road conditions as much as possible. Your fluids will be checked and replaced to insure that your engine will not have any issues and your windshield wiper fluid is full for those snowy and sleety days when you really need it.
Published on:

atlantic-grill-178380_1280
During the winter season, snow and ice accidents are a major cause of personal injuries. If you have suffered an injury as a result of a fall on snow and ice, these are the Top Six things you or someone on your behalf should do as soon as possible:

1. Call for help – you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

Published on:

law-1063249_1280

The Appellate Division, First Department, in the case Lowenstern v. Sherman Square Realty Corp., determined that the Decision of the Supreme Court, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), was properly rendered in this case. Our partners, Jonny Kool and Christopher L. Sallay, successfully argued that the complaint adequately pleaded a cause of action sounding in negligence.in this slip and fall on snow and ice case. In addition, the Court found that climactical records did not conclusively refute the complaint’s allegations.

Individuals who have suffered an injury due to a fall on snow and ice may be able to recover compensation for a number of damages in a premises liability lawsuit. Injured victims may be able to receive compensation for any economic damages suffered such as lost wages or medical bills. Lost wages are any loss of income or future earnings not covered by compensation. Victims may also be able to receive compensation for any medical bills not covered by insurance as well as any future doctor’s appointments, medical procedures, or medication relating to the injury. In addition to economic damages, victims may also be able to receive compensation for non-economic damages, such as long term pain and suffering or emotional stress caused by the injury. In instances where the victim’s injury proved fatal, their family may be able to recover compensation through a wrongful death lawsuit. In a wrongful death lawsuit, families of victims may be able to recover compensation for damages such as lost wages and future earning potential, loss of consortium, funeral costs, and pain and suffering.

If you or someone you love has suffered an injury due to a fall on snow or ice, you may have legal recourse. For a free evaluation of your legal options, call (212) 406-1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your case to see how we may be able to assist you.

Published on:

Broken-sidewalk-pavers
If you have suffered an injury as a result of a fall on a broken or defective sidewalk, these are the Top Six things you or someone on your behalf should do as soon as possible:

1. Call for help – you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

Published on:

Top Slip and Fall Lawyers in New York

Our Partner, Dallin Fuchs, shares his expertise on the elements necessary to prove a case arising from a Slip and Fall Accident:

https://youtu.be/GKkRPcPukgQ

Published on:

Business owners, landlords, and private property owners have a duty to provide safe and secure premises for their guests. When an owner neglects to repair or warn guests of a hazardous area on their property, they may be liable for any injuries that result. Individuals who have suffered an injury due to a property owner’s negligence may be able to file a lawsuit to recoup compensation for any damages incurred. At Queller, Fisher, Washor, Fuchs & Kool, our New York City slip and fall lawyers are experienced in protecting the rights of clients who have been seriously injured or killed on public or private property. Our law firm has secured many favorable verdicts and settlements through premises liability lawsuits, including numerous recoveries exceeding $1 million.

Our partner, Dallin Fuchs, explains that there is a legal duty for property owners in New York and that an injured person should contact an experienced New York attorney to protect their rights.

https://youtu.be/y2VdQ5O_B98

Published on:

Personal injury lawsuits, in particular slip and fall cases, are very different than how they are perceived by the public. For instance, one common misconception widely held is that an injury on another’s property provides an individual grounds to sue the property owner. While in some cases the injured individual may indeed have a lawsuit, often they are mistaken as the circumstances surrounding their injury does not possess all of the elements of a personal injury lawsuit. Our New York slip-and-fall lawyers have decided to take the time today to enlighten our readers as to what qualifications must be met to have a valid premises liability case:

A Breach of Duty: The first element of slip and fall cases as well as every other personal injury case is the presence of negligence. In order to have a valid case after slipping and falling, the injured individual must be able to show that the property owner breached a duty of care that they had to the victim. A breach of duty would constitute negligence on the property owner’s behalf. For instance, if the property owner failed to maintain the banister on a stairway and left it loose, it might constitute negligence.

Causation: The victim of the fall must be able to show that the property owner’s negligence directly led to their injury. In other words, negligence is not in and of itself grounds to file a lawsuit. A property owner could act negligently but not be held liable if their negligence was not the proximate cause of the victim’s injury. For instance, if the victim is intoxicated and fell down a flight of stairs with a broken railing, they might not have grounds for a claim if the defense could show that the broken railing was not the direct cause of their fall.