Slip and Fall Lawyers

We take all types of Premises Liability Cases in the Bronx

According to the World Health Organization, falls are the second leading cause of accidental or unintentional deaths in the world. Many of these falls are preventable, but many store owners fail to put forth adequate safety protocols to avoid these life-threatening accidents.

Premises owners, occupants, and other people in control of a property have a duty to protect people from known dangerous or defective conditions that may cause harm. When a property owner is made aware (or should be aware) of a spill or other dangerous condition, they must correct it in a timely manner. Failure to remedy a dangerous situation can result in liability even if there was a warning sign present.

However, proving liability in slip and fall cases can be difficult. You need an experienced slip and fall attorney in the Bronx to help you establish a case against a negligent owner or occupant. If you are injured as the result of a slip or fall, you need to contact a knowledgeable attorney immediately after seeking medical attention.

Slip and Fall Statistics

• According to the New York State Department of Health, the leading cause of work-related deaths and injuries are falls.
• The National Safety Council estimates that over 30,000 people died in falls at home and at work (2016). The majority of fall-related deaths occurred in construction, professional/business services, and manufacturing jobs.
• Slip and falls account for over 1 million hospital emergency room visits. (Source: National Floor Safety Institute)
• “One out of five falls causes a serious injury such as broken bones or a head injury.” (Source: Centers for Disease Control and Prevention (CDC)

What Should I Do First?

You need to seek medical treatment immediately after a slip, trip, or fall accident on a sidewalk in the Bronx. A delay in seeking treatment may make your condition worse and may directly impact your right to compensation.

9-1-1 should be dispatched if you have serious injuries or have hit your head. Even if you are not taken by ambulance to the hospital, you should still be seen by a doctor or physician as soon as possible.

If you are able, take pictures of the scene. Take photos of the dangerous condition that may have caused your fall and of the surrounding properties. If there were witnesses to the accident, try to obtain their contact information. As soon as you are able, contact an attorney to discuss your legal options. 

Causes of Slip and Fall Injuries

Slip and falls can be caused by several situations. Common factors that contribute to slip and fall injuries include:

• Slippery floors
• Poor lighting
• Loose cables or cords
• Uneven flooring, steps, or sidewalks
• Obstructed aisles
• Unsecured ladders
• Lack of a handrail or other safety features
• Failure to timely remove ice and snow
• Unmarked construction areas
• Uneven, cracked, or loose pavement
• Holes
• Water damage
• Tree roots
•  Inadequately maintained grates
• Loose gravel or other debris
• Spilled liquids
• Construction site hazards

A landowner must use reasonable care to prevent injury to people on his or her property. Failure to provide a safe environment is a breach of duty and can result in liability. Property owners must inspect their premises to determine whether there are any dangers that could result in harm to customers or employees and remedy those dangers quickly. Preventing serious injury can be as easy as replacing dull lighting and clearing debris from highly trafficked areas. 

Many times after a fall at a supermarket or other retailer, injury victims are contacted by a company representative or an insurance agent regarding a settlement. It is imperative to have your case reviewed by a Bronx slip and fall lawyer prior to accepting any settlement or releasing your right to pursue a claim for damages. Contact our office for a free consultation and to discuss your legal options.

Premises Liability – Determining Fault

Determining fault in a premises liability case can be difficult. You must prove that the landowner or occupant either created the dangerous or defective condition or that they had actual or constructive notice of the condition.

Furthermore, you must show that injuries were a result of the dangerous or defective condition. Given the complex issues that arise in premises liability cases, it is essential that you consult a leading Bronx slip and fall lawyer immediately after the incident.

Many landowners or property managers will attempt to put the blame on a victim. Our attorneys will subpoena evidence, including security footage and cleaning logs, to determine whether they did routine inspections, fixed known problems, or were warned about potential hazards. We will take depositions of witnesses, including other customers and employees, regarding the incident to prove liability.

Property owners that fail to take the reasonable steps necessary to provide a safe environment must be held accountable. Verdicts and settlements in slip and fall cases can range from tens of thousands of dollars to several hundred thousand for serious or catastrophic injuries. 

To determine how much your case is worth, you need to consult with an attorney who is well-versed in handling slip and fall cases. Our attorneys have over 50 years of experience and have recovered millions on behalf of injury victims.  Whether you are hospitalized or recovering at home, we can come to you. 

What Happens When There Is Partial Fault?

In some cases, a slip and fall victim may believe that they are partially at-fault for the accident. It is important to note that you are not responsible for determining fault if you are injured in a slip and fall accident. Furthermore, you should never make any statements regarding fault or liability until an injury lawyer reviews your case. 

In New York, partial fault is not a complete bar to recovery. Under Section 1411 of the New York Civil Practice Law and Rules (CVP), “culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery.” However, the amount of damages you are entitled to receive may be diminished in proportion with your culpable conduct.

Our Bronx slip and fall lawyers know how to minimize your fault and maximize your recovery by showing that the owner or manager failed to provide a premises free from dangers or defective conditions. Even if there were warning signs, you might still be entitled to damages. Our attorneys will complete a thorough investigation to show that the hazard was not repaired despite warnings, or that the sign was obscured and not obvious. Hiring a lawyer ensures that you receive the largest recovery available in your case.

How Long Do I Have to File a Slip and Fall Lawsuit?

Pursuant to Section 214(5) of the New York Civil Practice Law and Rules (CVP), an action to recover damages for personal injury must be brought within three (3) years. Failure to bring a suit for damages within three years may result in your case being dismissed. The claim must be brought within three years of the date of the slip and fall accident. It is always in your best interest to hire a slip and fall lawyer in the Bronx immediately after the incident to ensure that you can pursue a legal claim for damages.  

Turn to the Bronx Slip and Fall Lawyer at The Law Offices of Asaro & Associates

At the Law Firm of Asaro & Associates, you are more than just a file. Our attorneys care about the outcome of your case. We always strive to get the highest settlement or jury verdict and will never take a penny unless you win your lawsuit. Unlike other law firms, our Bronx slip and fall lawyers are skilled litigators that will not hesitate to take your case to trial. You will never be passed off to junior attorneys who are unfamiliar with the facts of your lawsuit.

Contact the Law Firm of Asaro & Associates today for a free consultation.