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As she was on her way home, a Williamsburg resident tripped and fell on a defective sidewalk. Immediately in pain, emergency medical services were thankfully called and she was promptly seen by doctors who diagnosed her with injuries pertaining to her right arm. Advised by those closest to her she reached out to the Hill & Moin, LLP team to find some help to remedy this awful accident.

Immediately the attorneys at Hill & Moin began working on the client’s case and provided her with feedback on a regular basis that helped keep her in the loop with the progression of her lawsuit. In the client’s own words, the staff was “wonderful, courteous and explained everything” while her case was in process. At the end of her case, the attorneys obtained a $500,000 settlement for our Brooklyn client.

Feeling optimistic about her future now that she has received her settlement, the client hopes to be able to buy a new home for herself and her family. Proving that there is a bright side even in the most unfortunate of accidents.

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On a mid-November day in Williamsburg after visiting friends at their home, a Brooklyn grandmother slipped and fell down building steps, injuring her back and foot. A bystander who saw the incident immediately called emergency medical services and the Brooklyn grandmother was rushed off to the hospital. After her injuries were assessed and treated, the Brooklyn grandmother began exploring her legal options to help remedy the trauma and pain she sustained after her fall. That’s when the Hill & Moin team stepped in.

Once the Hill & Moin attorneys met with the Brooklyn grandmother they extensively explained her case to her and provided her with round-the-clock feedback to any questions she may have had regarding her case. Through our attorneys’ hard work and dedication, she was awarded over $200,000 in settlement.

When reflecting on her experience with the Hill & Moin team, the Brooklyn grandmother rated her time as excellent and overall, a great experience in spite of such an unfortunate accident. After receiving her settlement check, the client advised us that she would like to use the money she received for philanthropy purposes and donations to her community.

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In New York City, slip and fall accidents are unfortunately common, often resulting in serious injuries. Whether it’s a slick sidewalk, a poorly maintained stairway, or an uneven floor in a commercial building, these accidents can lead to expensive medical bills, lost wages, and pain and suffering. Understanding premises liability and how it affects slip and fall claims in NYC is essential if you’ve been injured in such an incident.

At Hill & Moin, with offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, we specialize in helping victims of slip and fall accidents get the compensation they deserve. In this blog, we’ll explain the basics of premises liability, how it relates to slip and fall cases, and what steps you should take if you’re injured on someone else’s property.

What is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment. In New York, property owners have a duty to keep their premises reasonably safe for visitors, tenants, customers, and others who have a right to be on the property. If an owner or occupier fails to uphold this duty and someone is injured as a result, they can be held liable for damages.

How Premises Liability Relates to Slip and Fall Claims

Slip and fall accidents are among the most common types of premises liability claims. In NYC, property owners and occupiers must address hazardous conditions that could lead to falls, such as:

• Wet or icy sidewalks
• Broken or uneven pavement
• Poor lighting in stairwells or hallways
• Loose floorboards or tiles
• Spilled liquids or debris on floors
• Worn carpeting or mats

To successfully bring a slip and fall claim under premises liability, you need to prove that the property owner or occupier was negligent. This involves showing that:

1. A Dangerous Condition Existed: There was a hazardous situation on the property, such as a wet floor or broken step.
2. The Property Owner Knew or Should Have Known About It: The owner or occupier was aware (or should have reasonably been aware) of the condition but did not take appropriate action to fix it.
3. You Were Injured as a Result: You slipped, fell, and sustained injuries because of the dangerous condition.

Types of Visitors and Property Owners’ Duty of Care

New York law categorizes visitors into different types, each with varying levels of duty owed by the property owner:

• Invitees: People who enter a property for business purposes (such as customers in a store) are owed the highest duty of care. Property owners must actively inspect the premises and address any hazards.
• Licensees: These are social guests or visitors on the property for non-business purposes. Property owners must warn them of known dangers that may not be obvious.
• Trespassers: Even though trespassers enter the property without permission, property owners still owe a limited duty not to intentionally harm them or create traps.

Understanding your status as a visitor is crucial in a premises liability case. If you’re unsure of your classification, consulting with an experienced lawyer at Hill & Moin can help clarify your situation and determine the best course of action.

Common Misconceptions About Slip and Fall Claims in NYC

1. Myth: Minor Injuries Aren’t Worth Pursuing

   Many people mistakenly believe that minor slip and fall injuries aren’t worth pursuing legally. However, even seemingly minor injuries can worsen over time or lead to unexpected complications. Medical bills can add up quickly, and any disruption to your work or daily life is worth considering. Consulting with an experienced lawyer can help you understand your rights and the potential value of your claim.

2. Myth: You Can’t File a Claim if You Were Partially at Fault

   New York follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you can still pursue compensation. Your damages may be reduced based on your percentage of fault, but you won’t be barred from recovering altogether. For example, if you were 20% at fault for not noticing a hazard, you could still recover 80% of the damages.

3. Myth: The Property Owner Will Automatically Be Held Liable

   Just because you were injured on someone else’s property doesn’t mean the owner is automatically liable. Proving negligence is essential, which is why it’s crucial to gather evidence, such as photographs of the accident scene, witness statements, and medical records.

Steps to Take After a Slip and Fall Accident

If you’ve been injured in a slip and fall accident in NYC, taking the right steps can strengthen your case:

1. Seek Medical Attention Immediately Your health should be your top priority. Even if your injuries seem minor, it’s essential to see a doctor for a thorough evaluation. Medical records will also serve as evidence of your injuries and their connection to the accident.
2. Report the Accident Notify the property owner, manager, or landlord about the accident. If you fell in a commercial establishment, ask for a written incident report.
3. Document the Scene Take photographs of the hazard that caused your fall, such as a puddle, broken tile, or poorly lit stairwell. If there were any warning signs (or lack thereof), be sure to document those as well.
4. Collect Witness Information If there were witnesses to your fall, ask for their contact information. Their statements could be valuable in proving negligence.
5. Consult an Experienced Lawyer Slip and fall claims can be complex, especially when dealing with property owners or their insurance companies. Having an experienced premises liability lawyer from Hill & Moin on your side can help you navigate the legal process and build a strong case.

How Hill & Moin Can Help You

At Hill & Moin, we understand the impact that a slip and fall accident can have on your life. Our experienced attorneys are committed to helping you get the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more. Here’s how we can assist:

• Investigation and Evidence Gathering: We’ll thoroughly investigate your accident, gather evidence, interview witnesses, and consult with experts to build a compelling case.
• Determining Liability: We’ll identify all responsible parties, including property owners, managers, and maintenance companies, to ensure they’re held accountable.
• Handling Insurance Companies: We’ll negotiate aggressively with insurance companies on your behalf to secure a fair settlement.
• Litigation, If Necessary: If a fair settlement cannot be reached, we’re prepared to take your case to court and advocate for your rights.

With offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, Hill & Moin is well-positioned to help slip and fall accident victims throughout NYC. Our team has extensive experience handling premises liability cases and a track record of success.

Call to Action: Get the Legal Help You Need Today

If you’ve been injured in a slip and fall accident in New York City, don’t wait to seek legal help. At Hill & Moin, we offer free consultations to discuss your case, answer your questions, and help you understand your legal options. Our team is committed to providing compassionate, dedicated legal representation to help you secure the compensation you deserve.

Contact Hill & Moin today to schedule your free consultation. Call our office at [Phone Number] or fill out our online contact form to get started. Let us be your advocate and guide through the legal process—protecting your rights and fighting for the justice you deserve.

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Depending on the severity of your fall, you might be finding it difficult to think clearly. Regardless of whether or not you hit your head or sustained severe injury in some other way, slip-and-falls call for prompt action on the part of the victim – perhaps especially in the case of falls on government property.

It may seem unfair to be so pressed for time when you have been hurt on someone else’s property, but that’s the law. Specific procedures and limitations govern all personal injury claims and lawsuits in the State of New York, but additional steps and strict timelines apply to harm sustained on government property.

If your injury was foreseeable according to state law, then you can file a notice of claim within a certain number of days from the date of the incident. From there, this notice must be submitted to the appropriate state government agency or municipality.

When your claim is denied or otherwise remains unresolved, you can then file a lawsuit to continue pursuing compensation, but you will not have forever to do this. To make sure you skip zero steps and waste little time, contact us for a free consultation. The personal injury attorneys of Hill & Moin can help you navigate this maze of a process effectively.

Is the Government Liable?

First off, where did you fall? Who is the property owner? Were you hurt on state or federal property or is the place where you fell under private jurisdiction?

If your injury occurred in one of the following locations, then you may have a personal injury case against a state or federal government entity on your hands:

• Public parks, sports fields, and playgrounds
• Libraries
• State or federal government buildings
• Public schools and universities
• Public roads
• Community centers
• Police stations
• Fire stations
• Post office property
• Courthouses
• Public beaches
• Airports
• Staten Island Ferry or terminals

That’s correct – the Staten Island Ferry is operated by the NYC DOT. By contrast, the subway and public bus system is governed by the Metropolitan Transit Authority (MTA) which is operated by a private party.

Sidewalks are another tricky accident scene. If you fell on a sidewalk, your legal case must be filed against the property owner of whatever establishment the sidewalk was “abutting,” or connected to, as set out by New York’s sidewalk law. It could be that you fell on private property.

If you were indeed hurt on government property, then you may have a valid claim against the agency responsible. However, before you can file, one more determination must be made regarding New York slip and fall cases: the foreseeability of your injury.

Was Your Government Property Injury Foreseeable?

Unfortunately, one make-or-break factor under New York state law can determine whether or not you may file a legal claim regarding your slip-and-fall on city or state property.

Public property should be well maintained by the government, just as any private property should. The government is held to the same rules as other property owners: to keep the property safe and clear of dangerous conditions on behalf of visitors.

However, according to state law, the local government agency in question must have received written notice of the hazard that caused your accident within a specified number of days before your injury occurred. In other words, the agency had already been warned that the dangerous condition existed on their property and had enough time to address the issue – but failed to do so before you got injured.

You can file a legal claim against that liable entity as long as your case meets the above conditions. On the other hand, you cannot file if the hazard was previously unreported or if not enough days passed since the initial report was filed.

If you were hurt on local government property despite the foreseeability of your personal injury, then hop to it. You may have only days left to file your notice of claim, but a lawyer can help you make your deadline – not to mention take a load of stress off your shoulders during this time.

After a slip-and-fall, you need to be focusing on yourself, your well-being, and your family. Unless you know first-hand how to navigate the complicated claims process before it’s too late, then it is better to leave your case to be handled by a personal injury attorney who will prioritize your interests.

Meeting the Deadlines for Slip and Fall Cases

Let’s suppose, for a moment, that your slip and fall case does qualify to be filed against a government entity in New York. Once a knowledgeable attorney has confirmed this for you, then you can move forward with your slip and fall claim.

Although you are allowed to do so by law, our experienced law firm does not recommend filing a personal injury claim on your own without the assistance of a qualified lawyer.

You could unfortunately find yourself without much time left to take even your first step. According to the Comptroller’s Office, the strict requirements and procedures described below must be followed.

Steps to take

Filing a claim with the Comptroller’s Office can present challenges to someone who lacks knowledge and experience. Following each and every mandatory procedure to the letter is crucial in protecting your rights and maximizing your chances of a successful claim or lawsuit.

Within a limited period of time, you must accomplish the steps listed below:

1. Gather evidence: Collect all relevant evidence, including photographs of where you fell, corresponding medical records, eyewitness statements, and any incident reports that have been filed
2. Complete the notice of claim: Fill out the notice of claim form, which should include:
   • Your personal information
   • Details of the incident (date, time, location)
   • Description of injuries
   • A statement of the damages being claimed
3. File the notice of claim: Submit the completed notice of claim to the appropriate Comptroller’s Office
4. Await acknowledgment: After filing, the agency typically acknowledges receipt of the claim within a number of days; they may investigate the claim, which could involve interviews or site visits
5. Response from the agency: The agency can either settle the claim, deny it, or take no action
6. Settle the claim: This must be done within a period of time as specified by state law; if a fair settlement cannot be reached by a certain date, then it may become necessary to take the next step listed here
7. File a slip-and-fall lawsuit (if necessary): If your claim has been denied, you have limited time from the date of the slip-and-fall accident to file a lawsuit in court

Please be aware that lawsuits are expensive and challenging. Your trusted lawyer should be the one to advise you when and if to take that next step.

Challenges to meet

Keep in mind that, on paper, legal paperwork and procedures may sound easier than they could turn out to be in reality. Consider the following challenges common among government premises liability claims, for instance.

Your personal injury claim, when filed against a government entity, is likely to encounter complications involving:

• Jurisdiction: Lawsuits, including slip and fall cases, against the state or local government must be filed in specific courts, such as the New York State Court of Claims or the appropriate Supreme Court
• Sovereign immunity: Though the Federal Tort Claims Act allows you to sue the federal government, your legal rights under this statute are limited, restricting you to cases involving federal employees acting within the scope of their employment at the time of the incident where you were injured
• Comparative negligence: New York follows a rule of pure comparative negligence, meaning your compensation may be reduced based on your percentage of fault in the incident; thus, the other party will try to pin some of the blame on you, in all likelihood
• Documentation: You must keep thorough records of the incident, medical treatment, and any communication with government agencies
• Complex procedures: The process can be complicated, requiring strict adherence to timelines and legal requirements
• The burden of proof: You must demonstrate that the liable government entity was negligent in maintaining the property and that this negligence resulted in your injury; this will require substantial evidence
• Potential delays: Government investigations can take time, which may prolong your slip and fall claim

Understanding these steps and challenges can prepare you for the process of filing a claim with the Comptroller’s Office regarding a slip-and-fall incident that took place on government property. However, we at Hill & Moin LLP feel strongly, based on our experience, that you would benefit from a lawyer’s assistance.

That’s why our law firm warmly invites you to come speak to us before deciding how to proceed with your personal injury case. When you do have a valid claim, we may or may not take it on.

If there is another law firm we are connected with that would be better suited to handle your claim, then we will direct you to that firm. Because we want to see you succeed and come away with maximum compensation for your trouble.

Get Assistance to Maximize Your Compensation and Save Time

Not only will it take an experienced slip-and-fall attorney less time to put together a strong case for you, but handing over your legal case to a law firm you trust is well worth it. Statistics show that claimants who work with – or even get advice from – attorneys have a higher success rate than those who go without in small claims court; no case is too insignificant for a lawyer to get involved in.

Beyond that, the lawyers of Hill & Moin LLP have been lauded as the “lawyers in the family” by past clients, showing that you can feel sure we have your best interests at heart. We want to see you get as much money as you get.

With our contingency fee policy and free consultation offer, what do you have to lose from getting in touch with us? Call us at (212) 668-6000 or fill out the contact form here on our website to learn your Personal Injury Recovery SolutionsⓇ. Our representatives are standing by 24/7 to speak with you about your slip-and-fall on government property or any other personal injury cases of concern to you and your family.

Don’t wonder about your rights!

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After a long day of work caring for patients as a home health aide, the only thing Alina Ordonez had on her mind was relaxation. Unfortunately for her on one ill-fated evening, the very opposite occurred. Heading out into the early evening after finishing caring for a patient, Alina made her way out of the doorway and across the dark, unlit pathway. Before she knew it, she tripped and fell on the hazardous premises head-first into the nearby gate.

As she found herself on the ground and in pain, she knew she needed immediate assistance. Her first call was to her son who called an ambulance, and she was rushed to the nearest hospital to treat her multiple soft tissue injuries. Knowing that her fight was just beginning, Ms. Ordonez consulted with the attorneys at Hill & Moin, LLP and she was pleased that she did.

Describing Attorney David Zwerin as “courteous and hard-working”, she always felt taken care of by the communicative and responsive staff at Hill & Moin. Alina was smart to place her trust in their expertise as the attorneys successfully negotiated an impressive $700,000 settlement on her case. Family being her priority, Alina Ordonez now looks forward to investing her funds in projects that will grow and continue to provide for her and her loved ones for years to come.

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Challenging weather conditions lead to slip-and-fall accidents, which are more common than you might think. The New York State Department of Health reports that falls are the leading cause of injury hospitalizations, and many of these can be attributed to hazardous weather conditions.

Property owners and managers have a responsibility to maintain safe conditions for visitors and passersby when harsh weather strikes. If you were injured in a slip-and-fall accident due to a property owner’s negligence, you may have the right to pursue a personal injury claim.

However, the impact of bad weather on slip and fall claims is not always straightforward. Understanding how adverse weather affects these cases may help you protect your rights.

Increased Hazards Due to Adverse Weather

Various weather conditions can create fall hazards.

Here are a few examples of situations that increase the risk of slip-and-fall accidents:

• Rain: Wet surfaces become slippery, especially on wet floors or smooth surfaces like tile or polished stone. Rain can also create puddles that may not be immediately visible to pedestrians.
• Snow and ice: These are perhaps the most notorious weather-related hazards. Snow can hide underlying ice, creating a deceptively dangerous surface. Black ice, in particular, can be nearly invisible to pedestrians.
• Leaves and debris: Autumn weather can lead to an accumulation of wet leaves on walkways. This can create a slippery surface difficult to navigate.

Comparative Negligence in Weather-Related Slip and Fall Cases

In New York, slip and fall cases often involve the concept of comparative negligence. This means that if you are partially responsible for your slip-and-fall, your compensation may be reduced.

In weather-related slip and fall cases, both the property owner and the injured party may share some responsibility. For instance, if you are wearing unsuitable footwear during icy conditions or ignoring visible warning signs, you might be found partially at fault for your injuries. This could reduce the amount of compensation you are entitled to receive.

The Importance of Evidence in Slip and Fall Claims

The weather can change rapidly, making it crucial to gather evidence as soon as possible after slip-and-fall accidents.

If you are involved in a weather-related slip-and-fall accident, consider taking the following steps:

• Photograph the area where you fell, including any ice, snow, or water that contributed to your fall
• Note the weather conditions at the time of your fall
• Gather contact information and witness statements from any witnesses
• Report the incident to the property owner or manager
• Seek medical attention for your injuries

Such evidence can be invaluable in proving the hazardous conditions that led to fall accidents. This information can also prove the property owner’s negligence in addressing these hazards.

Weather Forecasting and Property Owner Liability

An often overlooked aspect of weather-related slip-and-fall accidents is the role of weather forecasting in determining owner liability. Modern technology provides increasingly accurate weather predictions, which can affect how courts view a property owner’s duty of care.

Foreseeable weather events

When severe weather is forecast well in advance, property owners may be expected to take some preventative measures to reduce potential weather hazards beforehand.

For instance, if a major snowstorm is predicted, property owners might be expected to have snow removal equipment and supplies ready. In anticipation of heavy rain, they may need to ensure proper drainage systems are in place and functioning correctly.

Failure to prepare adequately for anticipated weather events could be seen as negligent, potentially strengthening a slip and fall claim.

Sudden weather changes

Unpredicted weather changes may work in favor of the property owner. If a weather event such as a flash freeze occurs without warning, courts may be more lenient in their expectations of how quickly a property owner should respond to the hazard.

It is important to note that property owners are generally not expected to remove snow or ice continuously during an ongoing storm. The law typically allows for a reasonable time after the end of the storm for the owner to address hazards.

The reasonable time standard

Courts often apply a “reasonable time” standard when assessing a property owner’s response to weather-related hazards.

What constitutes a reasonable time can vary based on:

• The severity of the weather condition
• The accuracy and timing of the weather forecast
• The resources available to the property owner
• The location and type of property

For example, a large commercial property in a busy urban area may be expected to respond more quickly to hazards than a small residential property in a rural setting.

Technology and Weather-Related Slip-and-Fall Accidents

Advancements in technology are changing how weather-related slip and fall cases are litigated. These developments can affect both the prevention of accidents and the gathering of evidence when accidents occur.

Weather data as evidence

Detailed historical weather data is now more readily available than ever before. This can be crucial evidence in a slip and fall case.

For example:

• Precise temperature and precipitation records can back up or dismiss claims about icy conditions
• Wind speed data might support arguments about the reasonableness of expecting a property owner to keep an area clear of debris
• Visibility records could factor into determinations of comparative negligence

Video surveillance and weather conditions

Many properties now have extensive video surveillance systems. When combined with weather data, this footage can provide powerful evidence in personal injury cases.

Video surveillance may show:

• The weather reports exact conditions at the time of the fall
• How long a hazardous condition existed before the incident
• Whether the building owner took reasonable steps to address weather-related hazards

Contact a Hill & Moin Slip and Fall Lawyer Today

Weather conditions play a complex and multifaceted role in personal injury claims. If you have been injured in a weather-related slip-and-fall accident, contact one of our lawyers.

It is important to understand how various weather conditions might affect your case. The experienced personal injury attorneys at Hill & Moin LLP can provide valuable insights.

A free consultation with us can reveal your options for pursuing compensation. Contact Hill & Moin’s experienced attorneys to learn about your Personal Injury Recovery Solutions®. Call us at (212) 668-6000 to schedule your free case review.

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After a slip-and-fall, you might start taking steps to seek damages and feel confident in achieving legal reparation. However, be aware that slip-and-fall accident cases in New York depend on foreseeability. What’s more, the liable party in yours may turn out to be a different entity than you might expect.

This matters because your time is limited. When your slip and fall case is against the owner of a private property, you may have more time to start legal action against the liable party than you would against the Metropolitan Transportation Authority (MTA). When your legal action is against the MTA or a government entity such as the New York City Department of Transportation (NYC DOT), there are very strict laws limiting your right to file a claim.

If you have slipped, tripped, or otherwise fallen on someone else’s property, you cannot afford to waste your precious hours trying to identify the responsible party on your own. Rather, you need slip-and-fall lawyers with the jurisdiction and experience to look into your New York fall accident, determine who is liable for what happened, and file the necessary paperwork – all before your time runs out.

Common Slip-and-Fall Hazards in Most Places

Even if you believe your slip-and-fall mishap resulted in only minor injuries, we urge you to speak to a fall lawyer who can tell you whether or not you have a case. Even if how the accident happened seems like an everyday, unavoidable occurrence, it could be that you are facing both serious injuries and a potentially life-changing legal case.

The New York City slip and fall, lawyers of Hill & Moin LLP, want you to know that even some of the biggest fall accident cases arise from the most common of hazards.

Consider the following dangers that could arise in most environments:

• Loose mats and rugs
• Obstructions in walkways or stairways
• Poor lighting
• Poor maintenance
• Ramps
• Stairs
• Uneven or slippery surfaces
• Weather conditions such as rain, wet leaves, snow, and ice

How a Personal Injury Lawyer Can Help You With Any Slip-and-Fall Accident

When you don’t know where to turn, you need an empathetic attorney with whom you feel comfortable relating your experience and concerns.

Slip and fall attorneys can, at the very least, give you reliable advice and solid options. Generally, personal injury law firms offer a free consultation to any prospective client and may refer your case to a more suitable law firm when appropriate.

When the personal injury attorneys of Hill & Moin LLP take on your case, you can be sure that we feel confident in attaining a settlement or court victory for you. Why?

Because we want any and all clients to be able to afford the legal services they need – that is everyone’s right. Thus, we not only offer you a free consultation but also to handle your case on contingency. This means that we go unpaid if we lose your case.

Our goal for you is to attain maximum financial compensation. From there, we only take a percentage out of your settlement or court award so that both sides are satisfied – we are paid for a job well done, while you never had to pay us out of your own pocket.

Depending on whether your slip-and-fall accident occurred at work, on private property, on public transit, or in an area under government control, your legal claim might be more complicated compared to other fall accident cases.

Now, let’s break down the differences between these premises regarding New York personal injury claims.

At work or on a construction site

Did you fall at work? Depending on the specific factors of your case, you may have to file a workers’ compensation claim or a premises liability claim.

It’s better to call us than to suffer in silence. Don’t worry – regardless of your immigration status, you have rights under workers’ comp law to receive fair compensation for your injuries. 

In many secular settings, elevators, ramps, and cluttered work areas might cause you to trip. Tools or other equipment strewn about can increase the risk.

Whether you fall on a construction site or inside an office building being remodeled, there are sure to be compounded risks of slipping and falling in such an environment. These include:

• Debris in walkways
• Improperly placed cones and barriers
• Inadequate fall protection
• Insufficient warning signs
• Lack of training
• Liquid spills
• Scaffolding problems
• Uneven pavement

If you fell on a construction site as a worker or visitor, come talk to the New York City slip and fall attorneys of Hill & Moin LLP. Our attorneys are experienced in handling a wide range of construction site slip-and-fall accidents. Rest assured, our attorneys will know how to approach your unique case.

On private property

Since slip and fall personal injury cases come under an area of law called premises liability, private property cases across New York come down to one question: Could the property owner have foreseen the serious injury occurring?

This rule of New York’s differs the state from others because liability here depends on a single standard of care. Even if the injured party was not supposed to be there (such as a robber or trespasser) – the property owner can only be held liable for serious injury if he or she could have foreseen the risk and yet failed to fix the problem within a reasonable period of time.

When such circumstances lead to harm, you will typically have up to only a few years to file your personal injury claim and recover compensation. To find out how much time you have left, consult a personal injury lawyer familiar with the current laws applicable to your case.

On business property and most sidewalks

The same rule of foreseeability applies to all local premises liability cases – even when you fell on property maintained by a company – or even on a sidewalk. In the New York City Administrative Code, you will find the unique sidewalk law dictating that the owner of the property “abutting” (being adjacent or connected to) the sidewalk is responsible for keeping that part of the sidewalk safe for passersby or property visitors.

Similar to other private property cases, you may have a few years to file unless your case is an exception to the rule. It’s possible that the sidewalk is considered to be government property or that another factor further limits the time allowed.

On public property maintained by the government 

Did you trip on a public sidewalk? Did you slip when boarding, traveling on, or getting off the Staten Island Ferry? Since the NYC DOT operates that line, you may have a slip-and-fall accident against a government entity in either case.

Or do you? Regarding the foreseeability of injury, our state law is very clear on the matter. A governmental agency must have received written notice of the dangerous condition that caused your fall within a specified number of days before the incident. Otherwise, you will not be able to file against that party.

Further, when the municipality or another government entity is liable, you may have a surprisingly short time on your hands to get your legal case rolling.

Strict deadlines will apply to the following meticulous steps, according to the Comptroller’s Office:

1. Filing a notice of claim with the Comptroller’s Office
2. Settling the claim within the time allowed
3. Waiting a specified number of days after filing a notice of claim to file a lawsuit
4. Filing the lawsuit within the time allowed

Clearly, when you have been hurt in a public area, such as a park, library, playground, or road, there is little time to waste. You may have only days left to file your notice of claim, but a lawyer can make the process easier for you.

On or involving public transit

Not all public transport liability claims will arise against the government. Did you know that the MTA, operating the subway and bus system in NYC and certain rail lines beyond, is a corporate entity?

It has been reported that 15 percent of known subway-track incidents in 2022 were either slip-and-falls or medical emergencies. Even if there were extenuating circumstances leading to your fall, such as a medical condition or your own negligence, you may still have a case against the New York City transit authority responsible for maintaining the property where you fell.

For instance, were you wearing inappropriate footwear at the time you fell? This may be a factor, but under New York’s comparative fault laws, liability can be shared without entirely barring you from recovery. This means that even slip-and-fall accident victims who share 1 percent of the blame may still be able to receive 1 percent of the damages they suffered.

Suppose, for instance, that any of the following was a contributing factor to your accident. If so, your fall attorney can clarify whether the MTA or another entity may be liable:

• Defective access panels
• Improper snow and ice removal
• Inadequate lighting in subway tunnels
• Malfunctioning escalators or elevators
• Malfunctioning train or bus doors
• Poorly maintained pipes and fixtures that leak slippery liquids
• Poorly maintained platform surfaces
• Poor signage around train platforms
• Raised sidewalk gratings
• Sidewalk vaults
• Train derailments or sudden starts or stops
• Turning at excessive speeds

Remember, it matters who operates the entity in charge of the premises where you slipped and fell. The MTA may be separate from the city and state, but you still have to file a notice of claim in advance of taking legal action against them – similar to government liability claims.

So when you don’t know who is liable for your damages, how to file a personal injury claim, what deadlines and paperwork may be involved, or where to turn, call Hill & Moin LLP.

Not only does our law firm serve all of New York State, but we also have a wide-reaching network of lawyers who we trust. Thus, even when we are not suited to handle your case, we can refer you to the right fall attorneys for you.

How New York Slip and Fall Lawyers Can Maximize Your Settlement

Don’t let the hidden costs of slip-and-fall injuries upend your life. It pays to think about what you need – even long term – by taking the following steps:

1. Seeking medical attention: Rather than letting disguised injuries catch you off guard, make sure to see a doctor as soon as possible after your fall. Doing so (1) helps link your physical condition to the event in case of filing a legal claim, (2) ensures serious injuries are discovered before it’s too late, and (3) brings you peace of mind. Your slip and fall lawyer can even direct you to doctors who can give you the treatment or evaluation you need.
2. Calculating the full financial impact: A slip and fall lawyer will be able to calculate the life-long cost of the accident that caused your injuries. He or she will leave no stone unturned in totaling up fair compensation on your behalf. You may be able to pursue damages you didn’t think of, such as the costs of getting to your physical therapy appointments and other medical expenses, long-term prescription medications, or unavoidable job changes and lost wages.
3. Considering emotional damages: Adding up the medical bills, lost wages, and other financial repercussions of your fall may not be enough to ensure you are compensated fairly. An experienced slip and fall lawyer knows this and will not overlook the emotional and psychological impact of a serious injury.

Whether the fall accident took place on public or private property, your case will fare better when you work with experienced personal injury attorneys.

Get Affordable Assistance With Any Slip-and-Fall Accident Case

Even if you are unsure whether or not you want to file a legal claim regarding your slip-and-fall, we recommend that you at least speak with a slip-and-fall claims attorney before deciding not to proceed, speaking to an insurance adjuster, or taking any other steps forward.

This decision could be life-altering for both you and your family. That’s why we at Hill & Moin LLP aim to give anyone and everyone hope for the hardships they are experiencing. Come talk to us during a free consultation where we can assess your case and answer your questions.

At our personal injury law firm based in New York City, we aim to give fall victims an experience that makes them come away saying that working with us feels like having “lawyers in the family.” Some of our clients over the years have said that because we show each and every one that we care about them, their well-being, and their financial recovery.

So don’t be shy – schedule an appointment with our New York City slip and fall attorneys to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 today.

Don’t wonder about your rights!

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As you begin your workday and think about all that may lie ahead, you would likely not imagine the kind of day O.P. found himself living out one fateful shift as a plumber’s assistant. Things were business as usual on the job until O.P. was assigned to work on pipes in the ceiling of the worksite. He began climbing up the ladder, which had been dangerously positioned atop unsecured planks of plywood. Abruptly and unexpectedly, the ladder wobbled and sent O.P. tumbling to the floor, slicing his hand on a wayward piece of metal on the way down. In and out of consciousness, O.P. immediately felt the pain all over his body. He was raced to the closest emergency treatment provider where it was confirmed that he had sustained damages including fractures, deep lacerations, and soft tissue injuries combined.

Frustrated and seeking atonement for his injuries, O.P. sought out the aid of the skillful and savvy attorneys at Hill & Moin. Looking back, O.P. is grateful for the inclusive energy from Attorney David Zwerin that really made him feel like a part of the team from start to finish. He pointed out that the staff were always helpful, especially when it came to providing case updates and staying in touch.

Hill & Moin’s persistence and expertise paid off for O.P. when the Court granted the injured plaintiff summary judgment on liability. Thereafter, he was delivered the earth-shattering news that his case had settled for $3.5 million, an amount he could not have imagined in his wildest dreams. Moving on with a fresh start, O.P. is eager to start a savings fund to prepare for whatever the future may bring and to take life one step at a time.

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One can never be too unassuming in life, even while performing routine and seemingly mundane tasks. Y.D. now knows this all too well. Walking down the stairs in her apartment building to bring her laundry to the washing machine, Y.D. was carrying her clothing when suddenly her foot slipped out from under her on an unmaintained step which was greasy and broken. In a split second, she had fallen back against the stairs hitting her head and injuring her arm. She was transported to the hospital where a fracture to her elbow was confirmed along with a concussion.

Not sure what she should do, a trusted friend suggested that she reach out to the attorneys at Hill & Moin. It was a call she didn’t hesitate to make and was glad she did. Wasting no time, the attorneys at Hill & Moin got right to work for her. Describing Attorney Eric Wittels as “101 out 100,” she noted that his patience and detailed explanations every step of the way from start to finish were reassuring and greatly appreciated.

When all was said and done, Hill & Moin changed her life by delivering a momentous $300,000 settlement. Ready to put her ordeal in the past, Y.D. is giving up the tenant life and pouring her newly gained settlement funds into owning a home of her very own.

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Often, when people think of a slip-and-fall accident, they picture a brief moment of embarrassment or a minor bruise. However, if you have been involved in a bad slip-and-fall, you know the reality can be far more severe. Slip-and-fall accidents can leave victims coping with serious physical and emotional injuries.

While many people focus on the immediate pain and medical bills associated with the injury, the hidden costs can be just as significant. As personal injury lawyers, we have seen firsthand how much slip-and-fall accidents can disrupt individuals’ lives.

Understanding the hidden costs of slip-and-fall accidents can help victims and their families feel prepared in seeking compensation.

A Slip-and-Fall Accident Can Result in Severe Injuries

Slip-and-fall accidents are often dismissed as minor incidents. However, for some victims, a slip-and-fall can lead to severe injuries that alter the course of their lives.

Let’s discuss a few slip-and-fall injuries and the impact these injuries can have on a person’s life.

Broken bones

When a person falls suddenly, the force of the impact can cause broken bones. These fractures can vary in severity from simple cracks to complex breaks requiring surgery.

The following are some common types of broken bones resulting from slip-and-fall accidents:

• Wrist fractures: Often, people instinctively reach out their hands to break a fall. This can lead to wrist fractures
• Shoulder and arm fractures: Impact from a fall can result in broken bones in the shoulder or upper arm, limiting arm mobility
• Ankle breaks: Slippery surfaces, such as recently mopped floors, can cause your feet to twist, leading to a painful ankle fracture
• Hip fractures: Statistics show that a fall is the most common cause of hip fractures among elderly adults

Spinal cord injuries

Spinal cord injuries are among the most devastating outcomes of a slip-and-fall accident. These types of injuries may occur due to landing forcefully on your back, twisting the spine in an unnatural manner, or falling from a significant height.

Depending on the location and severity of the injury, a spinal cord injury can lead to partial or complete paralysis.

Symptoms may include:

• Loss of sensation
• Reflexes or spasms
• Difficulty breathing
• Pain or intense stinging sensation
• Impaired bodily functions
• Loss of movement

Head injuries and traumatic brain injuries

A traumatic brain injury (TBI) occurs when the head experiences a violent blow or jolt, causing the brain to collide with the skull. With a slip-and-fall accident, a traumatic brain injury case results from striking your head on the ground or an object.

Types of head injuries sustained in a slip-and-fall accident may include:

• Concussions: A concussion is a mild form of traumatic brain injury that can cause symptoms such as headaches, dizziness, and confusion.
• Contusions: These are bruises on the brain tissue caused by a direct impact on the head. Contusions can lead to significant brain damage, affecting cognitive and motor functions.
• Skull fractures: A major slip-and-fall accident can lead to head trauma and fractures in the skull. This can cause bone fragments to press into the brain, leading to further medical complications such as infections or brain damage.
• Hematomas: A hematoma is a collection of blood outside of blood vessels and can occur in the brain after a slip-and-fall accident. Symptoms can include headaches, vomiting, and coma.

The Cost of Medical Care Beyond the Initial Treatment

The most obvious cost of a slip and fall injury is the cost of your immediate medical treatment. While your initial medical care was likely costly, your medical expenses may not end once you leave the emergency room.

Slip and fall injuries often result in ongoing medical needs such as:

• Consultations with specialists: Severe slip and fall injuries may require follow-up visits with specialists such as orthopedic surgeons, neurologists, or other medical professionals
• Surgical procedures: Your fall injuries may necessitate surgery, which involves not only the procedure but also costly pre-operative and post-operative care
• Physical therapy: Depending on the severity of your injury, you may require months of physical therapy and rehabilitation; treatment can be drawn-out and expensive, especially for severe head injuries or spinal cord damage
• Prescription medication: Pain management and other necessary prescription medications can become a recurring medical expense

If your slip and fall injury was a result of a property owner’s negligence, you should not have to pay these medical expenses out-of-pocket. A slip-and-fall accident lawyer can help you pursue compensation not only for current medical expenses but also for the cost of your ongoing healthcare needs.

Slip-and-Fall Accident Injuries and the Need for Home Modifications

If you have sustained a serious injury in a slip-and-fall accident, especially one that results in long-term disability or mobility issues, home modifications may be needed.

The following home modifications can ensure safety and independence:

• Accessibility improvements: Ramps, stairlifts, and wider doorways may be needed to accommodate wheelchairs and other mobility aids, allowing for smoother movement throughout the home

• Bathroom modifications: Grab bars, walk-in tubs, and non-slip flooring can provide support and stability, minimizing the risk of further falls

• Kitchen adjustments: Accessible appliances and lowered countertops and cabinets can help maintain independence and simplify daily tasks

After a slip-and-fall accident, occupational therapists may be able to assess your home and recommend changes tailored to your specific needs. Contractors experienced in accessibility modification can ensure that all installations are done correctly and safely.

If your slip-and-fall accident occurred due to someone else’s negligence and caused you life-changing health conditions, you might be entitled to compensation that can cover the cost of needed home modifications. A personal injury attorney can review your slip-and-fall case and explain your legal options.

The Financial Strain of Transportation Costs

Another cost that people do not always think about following a slip-and-fall accident is transportation fees. Recovery from a slip-and-fall may involve follow-up appointments, physical therapy, and visits to specialists. Each of these appointments requires traveling, which can be a challenge if your injuries prevent you from driving.

If you do not have access to personal transportation, the cost of taxis, public transportation, or ridesharing services can quickly add up. Additionally, the time spent going to and from appointments can result in lost wages, compounding the financial strain.

Be sure to keep detailed records of any travel expenses related to your injury for potential reimbursement. A slip-and-fall attorney can help you seek compensation for all injury-related expenses, including travel costs.

Emotional Distress and Psychological Trauma

The emotional and psychological impact of a serious slip-and-fall accident is often overlooked but can be just as debilitating as physical injuries.

Emotional injuries resulting from slip-and-fall accidents are serious and deserve attention and care. Recognizing these fall injuries and seeking appropriate treatment may be vital for a full recovery.

The following are some of the emotional and psychological repercussions individuals face following slip-and-fall accidents.

Anxiety and fear

After the initial shock of the slip-and-fall accident subsides, many individuals experience heightened anxiety and fear of falling again. Fear of falling can lead to avoidance behaviors such as being excessively cautious or avoiding places or activities where they feel the risk of falling is greater.

The feeling of anxiety can be crippling, impacting an individual’s daily routine and quality of life.

Depression

Chronic pain, medical treatments, the disruption of daily life, and the potential loss of mobility can lead to feelings of sadness and hopelessness. Social isolation, either due to physical injuries or emotional withdrawal, can intensify these feelings of emotional distress and depression.

Post-traumatic stress disorder (PTSD)

In more severe personal injury cases, a slip-and-fall accident can trigger post-traumatic stress disorder (PTSD).

Symptoms can include:

• Insomnia
• Nightmares
• Flashbacks to the incident
• Severe anxiety

These symptoms can be debilitating, making it challenging for the accident victim to move past the event and resume daily activities.

Slip-and-Fall Accidents and Loss of Income

Another potential hidden cost of slip-and-fall accidents is loss of income. Your fall injuries may prevent you from working for a period of time. Whether you work full-time, part-time, or are self-employed, being unable to return to work can lead to a substantial loss of income.

While lost wages are a direct hit to your financial stability, the impact can be even more severe if your slip and fall injury results in the inability or reduced ability to perform your job.

Factors affecting loss of earning capacity include:

• The severity of the injury: Permanent disabilities or chronic conditions can diminish one’s ability to return to his or her previous line of work.
• Nature of employment: The impact on earning capacity can vary depending on the type of work a person performs. For example, a back injury may prevent a construction worker from returning to his job, while a person who works in an office could still be able to perform his job.
• Age: Younger individuals who are in the early stages of their careers may experience a greater loss in earning capacity compared to someone closer to retirement. This is simply because they have more years of their life left to work and earn an income.
• Retraining: In some situations, injuries may be so severe that the individual is unable to return to his or her previous line of work. Further education or retraining may be required to pursue a new career path.

Why Contact a Slip-and-Fall Accident Lawyer

After being injured in a slip-and-fall accident, you deserve full compensation for all of your losses. Slip-and-fall accident lawyers can determine the true value of your personal injury claim, taking into consideration not just medical bills but also additional expenses that are often overlooked.

Proving a slip-and-fall case requires strong evidence. A slip-and-fall accident attorney can investigate your case thoroughly, gathering evidence such as eyewitness testimony, accident reports, surveillance footage, and maintenance records.

Insurance companies often aim to minimize payouts to protect their profits. They may offer quick, low settlements that barely cover immediate expenses, let alone long-term costs such as future medical bills. A personal injury attorney can negotiate with insurers on your behalf, pushing for a fair settlement that reflects the full extent of your damages and can take the case to trial if reaching a fair settlement out of court fails.

Coping with the aftermath of a slip-and-fall accident can be stressful. Hiring a personal injury lawyer allows you to focus on your recovery while your legal team handles the claims process.

Recover Full Compensation for All Slip and Fall Injury Damages

Slip-and-fall accidents can happen anywhere: in a grocery store, at the pool, or at a neighbor’s house. If your slip-and-fall accident and injury were the result of a negligent property owner, you deserve full compensation for your losses.

The hidden costs of a slip and fall injury can be extensive, impacting a victim’s financial stability and emotional well-being. A slip-and-fall accident lawyer can ensure you receive fair compensation for both obvious and hidden costs.

At Hill & Moin, we have over 50 years of combined experience in advocating for the legal rights of accident victims. We have helped our clients recover millions of dollars in damages. When you choose our law firm to represent your legal claim, you are not just another case to us. We care about our clients so much that you could say it’s like “having a lawyer in the family.”

Schedule your free case evaluation with us for affordable legal counsel today. Call us 24/7 at (212) 668-6000 or complete our contact form to learn your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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