Injury Lawyer for Slip and Fall Accidents at Baskin Robbins
While treating yourself to an ice cream cone at Baskin Robbins, you slip and fall over a melted treat on the floor. Hopefully, you did not injure yourself, but if so, you could have a viable slip-and-fall personal injury case against the property owner. Hill and Moin provides experienced legal services for individuals injured through another’s negligence. We want you to understand how slip-and-fall cases work in New York and how to recover maximum compensation from the at-fault party.
Breaking Down Slip-and-Fall Accidents
Rather than feel embarrassed about slipping in a public space, we recommend educating yourself on steps to take to ensure the Baskin Robbins property owner does not receive a slap on the wrist for negligence. Slip-and-fall accidents happen when a person slips or trips and falls on another person’s property and sustains injuries. No matter if victims fall in a public place or over a friend’s house, the property owner could bear negligence for the resulting medical bills.
Common spots where slips and trips and falls happen include:
- Athletic centers and gyms
- Grocery stores
- Public parking lots
- Retail stores and shopping malls
- Residential properties
No matter where you fall, if you think you can connect your injuries to another’s oversight, you may have a legal case.
Duty of Care
One essential component of personal injury cases is the property owner’s responsibility to keep the premises in great condition and free of dangers that could injure guests and visitors. For business owners, that means surveying the store regularly to identify hazards as quickly as possible and remedying them before someone gets hurt. For residential property owners, while they need not survey their property regularly, they should warn guests of dangers like loose stairs, slippery floors and missing lights.
To have a strong slip-and-fall case, plaintiffs and their legal representatives work together to gather evidence that proves the property owner knew about the danger and neglected to take care of it, which is why the plaintiff sustained injuries. For accidents that happen on residential properties, even plaintiffs who trespassed on a property could have grounds to receive damages, depending on the circumstances.
Commercial Property Slip-and-Fall Accidents
To hold Baskin Robbins liable for your harm, the owner:
- Must be the party who caused the spill, torn or worn spot in the carpet, or dangerous or slick surface
- Must have recognized the hazard and the risk it posed to customers, but took no action to resolve the danger
- Should have known about the slip-and-fall risk the same as a practical person would have known about the hazard and either repaired or removed it
The court uses common sense to determine liability in slip-and-fall cases, which could make the third point in the bullet list above less clear. Judges and juries decide if the business owner exercised caution by determining whether she or he took reasonable action to keep the premises safe. Also, unlike injuries that happen on residential properties, falls in commercial properties may involve multiple responsible parties.
Reasons for Slip-and-Fall Accidents
Part of understanding how slip-and-fall cases work involves learning common reasons for slip and falls in public spaces like Baskin Robbins. Once you understand why you fell, you know what evidence to look for to strengthen your case and stand a favorable chance of collecting maximum damages.
Specific conditions that could cause a person to slip or trip and become injured include:
- Malfunctioning elevators
- Irregular flooring or ground
- Broken handrails or stairs
- Ripped carpets or rugs
- Piles of snow or built-up ice in parking lots and on sidewalks
- Slick or wet floors
- Poor or faint lighting
- Clutter and debris
- Safety code infractions
No matter the reason for your slip or trip and fall, have a medical professional examine you for a full inventory of your injuries.
Common Injuries for Slip-and-Fall Accidents
No matter how “fine” you feel after falling, let a doctor check you. Some symptoms and injuries take days and weeks to appear, and you cannot afford to waste time if you have a valid legal claim to explore. Slip-and-fall accidents cause specific injuries for you and your medical team to look for.
When bones endure more pressure than they can withstand, they may fracture or break. Bones commonly broken in slip-and-fall accidents range from wrist and hip fractures to ankle breaks. Usually, older plaintiffs stand a higher chance of sustaining a bone injury after falling.
Soft Tissue Injury
Another reason we recommend seeing a medical professional after an accident is that you could have an injury that does not have outward symptoms, such as a soft tissue injury. Examples of these injuries include wrist sprains, ligament and tendon tears, and ankle sprains. If you do not notice the symptoms of a soft tissue injury days or weeks after your initial fall, you could notice other symptoms, such as constant pain and subsequent injuries.
Depending on which body part you hit during your fall, you may sustain a hip fracture, no matter your age. If your doctor diagnoses you with a fractured hip, you could require time in the hospital and surgery. Your medical team may recommend an artificial hip implant or time in the nursing home for long-term rehabilitation, depending on your age.
Traumatic Brain Injury
If you hit your head on something when you fall, or if something hits you on the head during your tumble, you may sustain a traumatic brain injury. Minor brain injuries include bumps, minor concussions and bruises. Examples of major brain trauma include hematomas, skull fractures and subarachnoid hemorrhage. More intense TBIs may trigger seizures, affect brain functionality and deteriorate a victim’s bodily control. Major brain injuries may compromise a person’s quality of life, making it essential for severely injured victims to make themselves aware of all the damages they stand to receive from the at-fault party.
Common Legal Damages for Slip-and-Fall Accidents
If another person’s actions or inactions harmed you, you could qualify for legal damages to recompensate you and make you financially whole. To better ensure you receive every penny you deserve, you and a legal advocate may work together to understand your accident’s full financial impact. Common legal damages for personal injury cases include:
- Medical Expenses: These damages account for taking an ambulance to a medical care center after your slip and fall, physical therapy, occupational rehabilitation and prescriptions you need to recover. These damages also account for future medical expenses if your medical team expects you to have a long road to recovery.
- Lost Wages: Sometimes, personal injuries force victims to take time off work to focus on healing. You deserve compensation for the work you miss, even if you use paid time off or vacation days. If your injuries compromise your ability to earn a living, you could receive damages for that, too.
- Pain and Suffering: Personal injuries sometimes trigger emotional and physical stress. For example, if you break your hip during the fall, you could experience chronic pain and physical discomfort. Your injuries may also compromise your mental health, which may lead to anxiety or depression.
The amount your personal injury attorney seeks to collect in damages for your case depends on your specific circumstances.
For personalized personal injury recovery solutions, look no further than Hill and Moin. We have over four decades of experience defending slip-and-fall accident victims and helping them recover fair settlements. To see if you have a case against Baskin Robbins, schedule your free consultation by calling 212-668-6000.
If you sustained an injury from a slip and fall accident at any of the following commercial properties, our personal injury attorneys can help:
- Bath & Body Work
- Big Lots
- BJ’s Wholesale Club
- Burger King
- Burlington Coat Factory