Slip and Fall FAQs

David Resnick & Associates, PC, New York-based slip and fall attorneys, serving New York City, including Manhattan, Brooklyn, Queens, Staten Island, the Bronx, and Long Island, has successfully represented countless slip and fall accident victims. Slip and fall cases typically fall under the broader category of premises liability because these injuries generally occur on someone else’s property. It is important to consult a premises liability lawyer if you have slipped and fallen on another person’s property.

If you or a loved one has been injured on the property of another person or business, protect yourself by calling the slip and fall attorneys at David Resnick & Associates, PC for a consultation. There is no obligation, so please call us today at 212-279-2000 or contact us through our online form.

Following is very basic information on slip and fall accidents. There is no substitute for speaking with a trip and fall lawyer from the law firm of David Resnick & Associates, PC.

What is a slip and fall accident?

Slip and fall is a type of personal injury suffered on someone else’s property as a result of a defect, slippery substance or other hazard. These cases usually fall under the broader category of cases known as "premises liability" claims because slip and fall accidents usually occur on property owned by someone else. There are four general types of fall accidents:

• Slip and fall where there is a lack of sufficient friction between the person’s shoe or foot and the floor;
• Step and fall where the front foot lands on a surface lower than expected;
• Stump and fall where there is an impediment in the walking surface; and
• Trip and fall where the front foot strikes an object and is suddenly stopped.

What is a hazardous condition?

A hazardous condition exists where there is potential for injury such as a stairway that is slippery, a broken floor tile, a dimly lit area, or a wet floor. If you or a loved one has been injured on the property of another person or business, contact our trip and fall lawyers.

> Common Summertime Hazards.
> Common Wintertime Hazards.

Who is responsible for hazardous conditions?

All property owners have a duty to provide a safe environment for people on their premises. Under premises liability law, the landowner is responsible for injuries caused by negligent maintenance or unsafe conditions. Each case turns on specific facts, including whether the property owner acted carefully to avoid an accident, and whether the person who fell was careless in not seeing or avoiding the condition that caused the fall.

What is comparative negligence?

Comparative negligence relates to your own responsibility in the accident, in comparison to the property owners' responsibility. A court will establish a percentage of liability for each party. Any compensation that you receive is reduced by the amount of your negligence in the slip and fall.

What damages can I recover in a slip and fall case?

Compensation for slip and fall accidents is similar to all personal injury claims. Recovery may include the payment of medical bills, lost income, diminished earning capacity, and pain and suffering.

Is my landlord responsible for injuries sustained on rental property?

Most likely, yes, but the answer is different depending on the details of each individual case. In addition to ownership, you must also establish that the landlord was in control of the area, that the landlord knew of the hazardous condition that led to the accident, and that the landlord’s negligence led directly to your injury.

How quickly after my accident should I seek legal help?

For slips and falls, you should consult a trip and fall attorney as soon as possible after your accident to increase your chances of collecting damages. The witnesses will be more reliable and the property will be closest to the condition it was in at the time of your accident. Lawsuits must be filed within a given period of time. Generally, the time frame for a slip and fall claim in New York is three years from the date of injury. However, there are exceptions. A qualified slip & fall attorney can evaluate your claim and advise you on the best course of action. Contact us today to determine if you have a case.

As a property owner, what can I do to prevent slips and falls?

Inspect your property frequently for any unsafe conditions. Be aware of changing conditions, especially those involving water, snow and ice. If someone reports a situation to you involving an unsafe condition, repair it immediately. If repairs cannot be quickly made, put up warning signs or cones to alert unsuspecting individuals and protect yourself. > More information on maintaining a safe property.