New York Slip & Fall Attorneys

If you’ve been injured after a fall on dangerous property in New York City, you may be entitled to recover compensation for your damages. Proving liability in a slip and fall accident is complicated, which is why you need experienced slip and fall lawyers in NYC.

At Ferrante & Koenig, we have over three decades of experience representing clients for all types of slip and fall and trip and fall incidents.

There is no cost to speak to us.  Call today to find out if you have a case. We’re here to help. 

What Should I Do Immediately Following My Slip and Fall Injury?

Do your best to document the scene. Get photographs of the sidewalk or floor where you fell. Take photos of your clothes, shoes, and injuries. If someone came to help you from the store and took a report, get copies or take a photo of the report and employee.

If you didn’t make a report at the scene, it’s important to report it right away. Depending on where your accident occurred, you may need to seek out someone at a management office. If you are seriously injured, you may need to call 911, which will also create a report.

Even if your injuries don’t require you to be transported via ambulance, you should still seek medical attention as soon as possible. Visit urgent care, go to the emergency room, make an appointment with your primary care doctor, get a referral for an orthopedist, etc.

Be sure to preserve all related evidence. Save your unwashed clothes and shoes. They may become essential pieces of evidence in your case.

If you receive contact from the property owner’s insurance company, do not agree to a recorded statement. Instead, contact a New York slip-and-fall lawyer right away.

Even if your injuries don’t require you to be transported via ambulance, you should still seek medical attention as soon as possible.

What Are the Elements of a Successful Slip and Fall Claim?

Before you can recover compensation for your injuries, you need to prove negligence. One of the first questions your attorney will ask is, What caused you to fall? Your answer will impact whether you have a viable slip and fall claim. A potentially successful slip and fall claim can demonstrate that:

• A dangerous condition was present and caused you to fall;
• The party responsible for the hazardous situation can be identified; and
• The responsible party had notice of the hazardous condition or created it.

Proving that the responsible party either knew of the hazard or created it can be complicated. Think about what was said to you by the responsible party immediately following the accident. Most people won’t come right out and admit they were aware of a dangerous condition. However, a skilled attorney knows the right questions to ask and may be able to elicit an admission during a statement or deposition.

The burden of proving negligence falls on you. Negligence has several basic principles:

• The defendant must have owed you a duty or obligation;
• The defendant did not live up to that responsibility or breached their duty;
• The defendant’s negligence was the direct cause of your fall; and
• The fall resulted in your injuries, and you incurred losses due to these injuries.

Property owners, both residential and commercial, must keep their premises reasonably safe for visitors. A homeowner in the neighborhood who invites you over has an obligation to fix any dangers or warn you of any hazards. Businesses and other commercial property owners must regularly inspect their property and warn you of any hazards.

What Is the Most Important Evidence in a Slip and Fall Claim?

Available evidence varies in slip and fall cases. Some of the most critical pieces of evidence are:

• Photos of your injuries;
• Your clothing and shoes;
• Possible surveillance footage;
• Witness statements;
• Medical records;
• Accident or police reports; and
• Pictures of the scene and the dangerous hazard/object that caused you to fall.

If you don’t have all these pieces of evidence, don’t despair. Not every case we handle has all the evidence listed above. We will do our best to build the strongest case with what we do have.

How Long Should I Expect My Slip and Fall Case to Take?

There is no standard timeline that all slip and fall cases follow. Your case’s progress will be impacted by who the responsible parties are, the extent of your injuries and how you recover from them. Even the most straightforward cases sometimes can be dragged out by the insurance company, and sometimes more complicated matters can resolve relatively quickly.  There is no rhyme or reason to predicting how long a case will take.  

Within the first 60 to 90 days, we will be investigating the incident, identifying the parties involved and securing evidence to help prove your case.  This includes sending letters to the property owners, demanding that they preserve important evidence such as video surveillance, speaking with insurance companies and gathering your medical records. 

Depending on your injuries it could be six months or longer before we have a clear picture of your diagnosis and prognosis for recovery. If your treatment is wrapping up and you’ve recovered, it might be time to resolve your case. However, if you are still actively treating with medical providers or will be undergoing surgery, we won’t yet have an accurate picture of your claim’s value.

In some cases we will file a lawsuit immediately. In others we need to develop our theory of liability through investigation and allow your treatment to evolve. Either way we always have our eyes on pushing the case and obtaining a solid result for you.

What Are the Primary Factors That Determine How Much My Slip and Fall Claim Is Worth?

Some clients arrive at their initial consultation expecting that we will provide an accurate settlement value. However, it’s impossible to talk about money until your case is fully developed. Different factors impact your potential case value. Before discussing monetary value, we want to be at a point in the case where we know: 

• The insurance company’s position;
• What their defenses will be at the time of trial;
• Whether these defenses are valid;
• The severity of your injuries; and 
• Your medical prognosis.

Your damages are one of the most critical factors that determine your case value. How severe are your injuries, and how much treatment did you require? Are you fully recovered, or will you have some permanent impairment? Someone who has $100,000 in medical bills will have a higher case value than someone with $10,000 in bills.

Another primary factor is liability. New York is a comparative negligence state, which means you can still recover compensation even if you were partially at fault. However, your award will be reduced by your percentage of liability. If you were 25% responsible, you can still receive 75% of your damages.

Available insurance coverage can also affect your settlement value. Coverage limits, the type of insurance, and the adjuster’s attitude can impact your case. If you are dealing with an insurance company that notoriously undervalues claims or a self-insured defendant who refuses to negotiate, you will have to choose to either accept their offer or take your chances with litigation and a possible jury trial.

Some clients arrive at their initial consultation expecting that we will provide an accurate settlement value. However, it’s impossible to talk about money until your case is fully developed. Think twice about any attorney who promises you a lot of money during your initial conversation. 

What Exactly Will a NYC Slip and Fall Lawyer Do for Me After Hiring Them?

No matter how strong you think your case is, you will likely face numerous challenges pursuing a claim without legal representation. Retaining a New York City slip and fall lawyer can help you build a much stronger case. 

When you hire Ferrante & Koenig, we will launch an independent investigation. We will gather all evidence and your medical records, bills, employment records, accident reports, etc. We will speak with all witnesses and get a statement. In some cases, it may be necessary to consult with expert witnesses such as engineers, economists and physicians who can testify on your behalf.

We will deal with the insurance companies and file all required claims if your case involves municipal defendants, public authorities, or the State of New York. When your case gets to the point that it’s ready to resolve, we will negotiate with the defendants and fight for the compensation you deserve.

All along the way we are preparing your case for trial.  Most cases resolve before a jury verdict, but we find that being ready for trial shows the defendants and their insurance carriers that they need to deal with the case appropriately and negotiate in good faith. 

Do I Need to File an Accident Report After My Slip and Fall Accident?

Yes, you should report the claim, so there is a record of the incident. You need to prove that your fall occurred, and a report is an excellent way to start. Taking time to report your fall makes it harder for the defendant to argue that it never happened.

An advantage of filing a report is it might trigger an internal claim alert. Some companies may have their own internal investigative process, or the claim will be referred to its liability carrier.

Sometimes, filling an immediate report is not an option. If you fell on a public sidewalk in a quiet residential neighborhood, you may be wondering what to do. If the incident occurred in New York City, call 311. Calling 311 will create a document that is on record with the New York City Department of Transportation. You can get a printout that shows you made a report of the fall.

You need to prove that your fall occurred, and a report is an excellent way to start.

Where Do Slip and Fall Accidents Frequently Occur in NYC?

Slip and falls can happen anywhere, but there are a few specific areas where they frequently occur.

Sidewalks

The most common slip and fall claims we handle result from sidewalk accidents. Some statutes require adjacent building owners to maintain the sidewalks rather than the city. However, it doesn’t mean the owners will keep them up. That is why sidewalk slip and fall accidents are so prevalent.

Apartment Buildings

Residential buildings and multiple dwellings are the second most common slip and fall cases we see. Landlords do not always keep their buildings maintained, despite a legal obligation to do so. Broken stairs, potholes in parking lots, ceiling leaks and freshly mopped floors are just a few of the conditions that can lead to a dangerous fall. 

Retail Stores

Grocery and big-box stores are another common location for slip and falls. These stores see a lot of activity, and people drop things all the time. If someone spills something on the floor and the store doesn’t clean it up, you could fall. Vegetable sprayers, refrigerated units, and freezer sections increase the risk of water on the ground that you don’t see.

Construction Sites

Construction sites represent the other largest source of slip and fall accidents. These locations are filled with hazards and safety risks that can affect you, especially if the work extends across the sidewalk. Pipes and hoses stretched across the sidewalk or temporary walkways can present dangers for unsuspecting pedestrians.

Broken stairs, potholes in parking lots, ceiling leaks and freshly mopped floors are just a few of the conditions that can lead to a dangerous fall.   

What Types of Negligence Frequently Cause Slip and Fall Injuries?

Numerous factors can cause you to trip or slip and fall, resulting in injuries. However, some types of slip and falls occur far more often. These are the most common dangerous conditions we see that can cause a slip and fall accident:

• Freshly mopped floors, 
• Water or other spilled liquids on the floor,
• Snow or ice,
• Uneven or raised sidewalks,
• Potholes or cracked sidewalks or asphalt parking lots,
• Temporary sidewalk ramps,
• Hidden objects or debris,
• Broken/missing handrails and damaged steps,
• Leaking and collapsed ceilings; 
• Uneven riser heights, and
• Poor lighting.

Regardless of the dangerous condition that caused your fall, make sure to protect your rights by reviewing these important tips. 

How Serious Do My Slip and Fall Injuries Have to Be to Have a Viable Case?

No injury threshold determines whether you have a viable slip and fall case. Even seemingly minor injuries can have value depending on the diagnosis and type of treatment required. One aspect of determining case value is how your injury affects your everyday life. That bulging disc in your spine may prevent you from lifting anything, putting on your shoes, or standing for long periods. The torn rotator cuff in your shoulder may hinder you from reaching into high places, putting on your shirt or bra, bra, washing your hair, etc. These are relatable activities, and if your story is credibly a jury is likely to award you money damages.

Hiring an attorney will almost certainly increase your likelihood of recovery. We will help you articulate your limitations and explain exactly how your daily life has been impacted. That enables a jury to place a monetary value on your injuries and physical pain and suffering.

No injury threshold determines whether you have a viable slip and fall case. Even seemingly minor injuries can have value depending on the diagnosis and type of treatment required.

What Should I Do If My Slip and Fall Occurred at Work?

A slip and fall accident can occur anywhere, at home, on the sidewalk in public or even at work. You likely spend a large part of your day working, and even the safest people will sometimes encounter a dangerous condition that will cause a slip and fall.  There is an even greater possibility of a fall at work if your job is in a hazardous location or if you are performing a dangerous job such as construction work, factory work, or warehouse work.

Work-related falls are very commonplace. According to the National Floor Safety Institute and ITT-Hartford Insurance Company, on-the-job falls account for 16% of all workers’ compensation claims and 26% of all costs.

If your fall occurred while on the job, you will likely be entitled to Workers’ Compensation benefits. If your workers’ compensation claim is approved, you could receive benefits that will pay for your medical bills, a portion of your lost wages, and a potential lump sum settlement.  Workers’ compensation benefits are not based on fault, so it doesn’t matter if you contributed to your fall. Nevertheless, coverage is not absolute, as there are exceptions for specific situations, such as being under the influence of drugs or alcohol at the time of the accident. And Worker’s Compensation benefits do not provide compensation for pain and suffering.

Although you are not permitted to sue your employer for negligence, you may still have a  negligence claim against an at-fault party. This type of third-party case would allow you to potentially recover money damages for pain and suffering.

For instance, if you are a field technician and you fall on someone’s property; or if you are a home health aid and you are injured while you are caring for your patient, you may have a claim.

In any event, the lawyers at Ferrante & Koenig will help you protect your rights after a work injury.   

Although you are not permitted to sue your employer for negligence, you may still have a  negligence claim against an at-fault party. This type of third-party case would allow you to potentially recover money damages for pain and suffering. 

How Much Time Do I Have to File a Lawsuit After Suffering a Slip and Fall Injury?

The time you have to file a lawsuit in a slip and fall case varies based on who the defendants are. Determining the proper statute of limitations is one of the most challenging aspects of slip and fall accidents. Only an experienced New York City slip and fall lawyer can ensure deadlines won’t be missed.  

If a private person or commercial business is responsible, you have up to three years to file a lawsuit. This deadline would apply if you were suing a private homeowner, a grocery store, a restaurant, etc.

However, if you are pursuing a claim against a municipal entity, the deadline is much shorter. Certain municipal entities, including the City of New York, the New York City Housing Authority, and the New York City Transit Authority, require the filing of a Notice of Claim within 90 days of your slip and fall accident.  Once you have satisfied all conditions precedent to filing a lawsuit, you may file your summons and complaint.  This must be done within one year and 90 days of the slip and fall accident.

Claims involving other municipal public authorities, such as the NYC School Construction Authority or the Port Authority of New York and New Jersey, carry even shorter statutes of limitations. In addition to a requirement that you file a Notice of Claim, a summons and complaint must be filed within one year of the slip and fall incident. 

Finally, suing the State of New York is an entirely different process. These claims fall under the Court of Claims Act, which gives you two options. The first is to serve a Verified Claim within 90 days of your slip and fall. The other option is to file a Notice of Intention to make a claim within 90 days after your accident. If you opt for this one, you then have two years from your accident to file and serve a Verified Claim. 

Determining the proper statute of limitations is one of the most challenging aspects of slip and fall accidents.

New York Slip and Fall Settlements Achieved by Our Firm

To better understand what compensation might be available to you, here’s a look at other slip and fall cases we’ve successfully resolved:

$2,100,000 settlement
For client who suffered injuries to neck, shoulder and knee requiring surgeries after tripping and falling on debris left on the floor by store employee. At trial, the defense attempted to claim that the unwitnessed accident would have been picked up by video, and the fact that video does not depict the accident calls into question whether or not the accident ever happened.  Upon further questioning, however, the defense witness admitted that the video camera globes in the area of the accident were nothing more than dummy camera heads which were installed solely as a visual deterrent to would-be shoplifters.  There was no video of the accident since the cameras in the area of the accident were inoperable.

$895,000 settlement
For client who suffered neck, back and shoulder injuries requiring surgeries following a slip and fall accident. The defendant was seen taking garbage out of a deli and leaving a streak of slimy liquid on the floor over which the bags were dragged. Shortly after this occurred, the plaintiff entered the store.  After making a purchase, the plaintiff went to speak with an acquaintance.  As the plaintiff walked toward the acquaintance, she slipped on the unsafe slippery substance and landed on her back. The matter settled at trial just as the independent eye-witness was to take the stand. 

$1,500,000 settlement
For client who slipped and fell on a poorly shoveled sidewalk resulting in leg injuries requiring surgery. The plaintiff walked along a sidewalk in front of a commercial building that had been mostly abandoned by the owner except for a small group of workers who maintained an office for the purposes of winding down the business.  The defendant’s witness testified that it had no knowledge of the condition of the sidewalk on the date of the accident, or the days leading up to the accident, and was unable to refute the plaintiff’s testimony that the sidewalk contained a dangerous ice condition. Expert meteorological evidence revealed a classic freeze-thaw-freeze weather pattern which caused the hazardous condition which led to the accident.

$400,000 settlement
A 43-year-old client stepped into a trap door inside a bodega, causing him to fall down the stairs. He suffered multiple injuries to his knee, wrist, neck, and back, and ultimately needed arthroscopic knee surgery.

$975,000 settlement
For client who suffered injuries to shoulder, wrist and back due to slipping and falling on an ice-covered sidewalk. The defendant, a commercial property owner, failed to clear the small stretch of sidewalk in front of the premises.  The constant trampling of the snow led to a packed-snow condition which froze during multiple sub-freezing days, leaving the sidewalk with a packed ice condition. The owner had more than enough time that it should have and could have cleared the dangerous ice before the accident.

$294,780.92 arbitration award
A 42-year-old client slipped and fell in her apartment, resulting in a fractured foot that required complicated surgery with hardware implantation. During the arbitration, we proved liability against the defendant owner who was illegally renting the apartment and did not have proper permits.

When searching for a slip and fall attorney, don’t Google “slip and fall lawyers near me” and choose your attorney based solely on proximity. Choose a firm that has successful results and experience handling cases similar to yours.

Contact Our Slip and Fall Lawyers in NYC Today

If you were injured in a slip and fall caused by someone else’s negligence, you have certain rights afforded to you. Don’t attempt to pursue a claim without skilled legal representation. 

Contact Ferrante & Koenig today to schedule an initial consultation. Let us put our knowledge and experience to work for you and help you get the compensation you deserve after a slip and fall accident.