Slip and Fall Lawyer Midtown Manhattan, NY

Common Causes of Slip and Fall Accidents

Slip and fall accidents are among the most common causes of injury in both public and private spaces. Understanding these causes is essential to preventing accidents and knowing when to seek legal assistance. At The Eskesen Law Firm in Midtown Manhattan, NY, we specialize in handling such cases, ensuring our clients receive the justice and compensation they deserve.

Spills

In environments such as grocery stores and restaurants, spills are common. These can range from water and beverages to oils and greases, each presenting varying levels of risk. Quick response in cleaning these spills is critical. However, often spills are either not noticed immediately or not addressed promptly enough, leading to dangerous conditions for customers and staff alike.

Weather Conditions

The impact of weather on outdoor surfaces is significant. Rain can make sidewalks slick, snow can obscure hazards, and ice can create almost invisible yet extremely treacherous surfaces. These conditions frequently extend to entryways of buildings, where melted snow and ice can accumulate, increasing the risk of slips.

Improper Maintenance

Regular maintenance of floors is essential in preventing slip and fall accidents. This includes proper mopping, waxing, and drying of floors. In many cases, the incorrect application of wax or failure to adequately dry a floor after cleaning can leave a residue that is surprisingly slippery.

Damaged Flooring

Inside buildings, damaged flooring such as cracked tiles, buckled or uneven hardwood, and torn carpeting are significant trip hazards. These issues can be especially dangerous in high-traffic areas and may not always be immediately obvious to pedestrians.

Poorly Maintained Sidewalks

Outside, the condition of sidewalks is a common concern. Cracks, uneven sections, and potholes can easily cause someone to trip, particularly if they are not paying close attention to where they are walking.

Cluttered Areas

Any area that is cluttered with obstacles such as cords, debris, or other objects can be hazardous. These items can easily catch a foot or toe, leading to a fall, and are particularly dangerous in poorly lit areas.

Absence of Signage

The failure to place warning signs in areas that are wet or have just been cleaned is a frequent oversight. These signs are critical in alerting people to potential hazards, particularly in areas where spills or wet floors might not be immediately apparent.

Inadequate Lighting

Insufficient lighting can significantly increase the risk of slip and fall accidents. It makes it difficult for individuals to see and avoid hazards on the ground, whether these are wet spots, uneven surfaces, or obstacles.

Inappropriate Shoes

Shoes that lack proper grip or traction can greatly increase the likelihood of slipping, especially on slick surfaces. This risk is often overlooked by individuals when choosing footwear.

Distractions

The modern prevalence of smartphones and other devices has led to increased instances of individuals not paying attention to their surroundings. This distraction can prevent them from noticing potential hazards on the ground, increasing the risk of trips and falls.

Slip And Fall Infographic

Understanding and addressing these factors is key to preventing slip and fall accidents. At The Eskesen Law Firm, we emphasize the importance of safety and awareness, both for property owners and the public. If you find yourself a victim of such an incident in Midtown Manhattan, NY, our experienced slip and fall lawyers are here to help you navigate the legal aspects and advocate for your rights and compensation.

Determining Who is Liable

Determining liability in a slip and fall accident is a multifaceted process that involves a thorough investigation and an understanding of contributory negligence. At The Eskesen Law Firm, we emphasize the importance of these steps to ensure that our clients in Midtown Manhattan, NY, receive a fair assessment of their case.

Investigating the Accident

Immediate Documentation

It’s crucial to document the accident scene as soon as possible. This includes taking photographs of the area where the fall occurred, noting any conditions like wet floors, icy patches, uneven surfaces, or any other potential hazards.

Long-Term Conditions

Sometimes, the hazard may be a long-term issue, such as a broken stair that hasn’t been repaired. In such cases, it’s helpful to gather evidence of ongoing neglect, which can be done by checking maintenance records or prior complaints.

Environmental Factors

Other aspects like lighting, visibility, and even weather conditions at the time of the accident should be noted. Poor lighting, for instance, can be a contributing factor in a slip and fall accident.

Witness Statements

Gathering Eyewitness Accounts

Witness statements can be invaluable in slip and fall cases. Witnesses can provide an unbiased account of the event, offering details that the victim may not recall or have noticed.

Statement Consistency

Consistency in witness statements is key. If multiple witnesses corroborate the same hazardous condition, it strengthens the case against the property owner.

Witness Credibility

The credibility of witnesses is also an essential factor. Our legal team will evaluate the reliability of each witness, considering factors such as their vantage point and the clarity of their recollection.

Understanding Contributory Negligence

Concept of Shared Responsibility

In some slip and fall cases, the injured party may have a degree of responsibility for their own accident. This concept, known as contributory negligence, can affect the outcome of a claim.

Examples of Contributory Negligence

Contributory negligence may include scenarios where the injured party was not paying attention to where they were going, ignored posted warning signs, or was wearing footwear inappropriate for the conditions.

Impact on Compensation

The degree of fault attributed to the injured party can proportionally reduce the compensation they are eligible to receive. For example, if the injured party is found to be 20% at fault, their compensation may be reduced by 20%.

Determining liability in a slip and fall accident can be complex, but you don’t have to navigate it alone. At The Eskesen Law Firm, we are dedicated to helping our clients in Midtown Manhattan, NY, understand their rights and pursue the compensation they deserve. If you’ve been injured in a slip and fall accident, contact us. Together, we will work to hold the responsible parties accountable and secure the justice you deserve.

Who is Liable for My Slip and Fall Accident

Experiencing a slip and fall accident can be both physically and emotionally distressing. One of the first questions that comes to mind is, “Who is liable for my injuries?” Understanding liability is crucial in these cases. As experienced slip and fall lawyers in Midtown Manhattan, NY, we at The Eskesen Law Firm are committed to providing clarity and guidance in such situations.

Understanding Liability in Slip and Fall Accidents

The Concept of Negligence

• Duty of Care: Property owners have a legal duty to keep their premises safe.
• Breach of Duty: Liability arises when the owner fails to meet this standard.
• Causation: There must be a direct link between the breach of duty and the accident.

Types of Properties

Commercial Properties

• Store Owners and Managers: They are responsible for ensuring their spaces are safe for customers.
• Common Issues: Wet floors, uneven surfaces, or obstructed walkways are typical hazards.

Residential Properties

• Landlords: They must maintain safe conditions in common areas like hallways and stairs.
• Homeowners: Similar to landlords, homeowners are responsible for ensuring the safety of their property.

Public Properties

• Government Entities: Special rules often apply when the accident occurs on government property.

Common Injuries From a Slip and Fall

Slip and fall accidents, often underestimated in their severity, can lead to a range of injuries, some of which can be life-altering. Understanding these injuries is crucial for both prevention and recognizing when to seek legal assistance. As experienced slip and fall lawyers in Midtown Manhattan, NY, we at The Eskesen Law Firm have seen first-hand the impact these accidents can have on individuals and their families.

Soft Tissue Injuries

• Sprains and Strains: Often invisible to the naked eye, these injuries can range from minor ligament strains to severe sprains.
• Torn Ligaments and Tendons: More severe cases may involve torn ligaments or tendons, particularly in the knees and ankles.
• Bruising: While common and usually minor, extensive bruising can sometimes indicate more serious underlying damage.

Head Injuries

• Concussions: A fall can easily result in a concussion, which, if not properly treated, can lead to long-term complications.
• Traumatic Brain Injury (TBI): More severe falls can cause TBIs, which can range from mild concussions to severe brain damage.
• Skull Fractures: These are less common but can occur in more severe falls, especially in elderly individuals.

Bone Fractures

• Hip Fractures: Particularly common in older adults, these can have long-lasting implications for mobility and independence.
• Wrist and Arm Fractures: Often a result of instinctively reaching out to break a fall.
• Spinal Fractures: These can be extremely serious, leading to chronic pain or even paralysis in severe cases.

Cuts and Abrasions

• Skin Lacerations: Can occur from contact with sharp or rough surfaces during a fall.
• Facial Injuries: These might include cuts or bruises on the face, which can occur if the face hits the ground or another object during a fall.

Emotional and Psychological Trauma

• Post-Traumatic Stress Disorder (PTSD): The trauma of a serious fall can lead to PTSD or other anxiety disorders.
• Depression: Especially in cases where the injury leads to long-term disability or chronic pain.

Understanding the common injuries from slip and fall accidents is essential for prevention and recognizing the need for legal action. At The Eskesen Law Firm in Midtown Manhattan, NY, we are committed to supporting those affected by such accidents. If you or a loved one has experienced a slip and fall accident, don’t hesitate to reach out to us. We will work tirelessly to ensure that your rights are protected and that you receive the compensation you deserve. Remember, you are not alone in this journey, and we are here to help every step of the way.

YOU DESERVE MORE THAN A LOWBALL INSURANCE SETTLEMENT

Types of Compensation in Slip and Fall Cases

Slip and fall accidents can lead to significant physical, emotional, and financial strain. Understanding your rights and the compensation you may be entitled to is crucial. At The Eskesen Law Firm, your dedicated slip and fall lawyers in Midtown Manhattan, NY, we specialize in guiding our clients through this complex process.

Medical Expenses

• Immediate Medical Care: Costs associated with emergency room visits, hospital stays, surgeries, and medical treatments.
• Ongoing Medical Treatment: Includes physical therapy, rehabilitation, and any long-term care needed.
• Future Medical Costs: Projected expenses for chronic conditions or permanent disabilities resulting from the accident.

Lost Wages and Earning Capacity

• Immediate Income Loss: Compensation for wages lost due to the inability to work immediately following the accident.
• Long-Term Earning Capacity: If the injury impacts your ability to work in the future, compensation may include the loss of future earning potential.

Pain and Suffering

• Physical Pain: Compensation for the physical pain and discomfort experienced during and after the accident.
• Emotional Distress: Includes anxiety, depression, trauma, and loss of enjoyment of life resulting from the accident.

Punitive Damages

• In Cases of Gross Negligence: If the defendant’s actions were particularly reckless or malicious, punitive damages might be awarded as a form of punishment.

Determining the Value of Your Claim

Factors Influencing Compensation

• Severity of the Injury: More severe injuries typically result in higher compensation.
• Impact on Quality of Life: The extent to which the injury affects your daily activities and lifestyle.
• Age and Occupation of the Victim: These factors can influence the calculation of lost wages and future earning potential.
• Evidence of Negligence: Strong evidence that the property owner was negligent increases the likelihood of a higher settlement.

At The Eskesen Law Firm in Midtown Manhattan, NY, we understand the challenges faced by victims of slip and fall accidents. Our goal is to ensure that you receive the full compensation to which you are entitled. If you have been injured in a slip and fall accident, contact us. We will stand by your side every step of the way, providing the expert legal support you need to navigate this challenging time.

Common Injuries From a Slip and Fall

Slip and fall accidents, often underestimated in their severity, can lead to a range of injuries, some of which can be life-altering. Understanding these injuries is crucial for both prevention and recognizing when to seek legal assistance. As experienced slip and fall lawyers in Midtown Manhattan, NY, we at The Eskesen Law Firm have seen first-hand the impact these accidents can have on individuals and their families.

Soft Tissue Injuries

• Sprains and Strains: Often invisible to the naked eye, these injuries can range from minor ligament strains to severe sprains.
• Torn Ligaments and Tendons: More severe cases may involve torn ligaments or tendons, particularly in the knees and ankles.
• Bruising: While common and usually minor, extensive bruising can sometimes indicate more serious underlying damage.

Head Injuries

• Concussions: A fall can easily result in a concussion, which, if not properly treated, can lead to long-term complications.
• Traumatic Brain Injury (TBI): More severe falls can cause TBIs, which can range from mild concussions to severe brain damage.
• Skull Fractures: These are less common but can occur in more severe falls, especially in elderly individuals.

Bone Fractures

• Hip Fractures: Particularly common in older adults, these can have long-lasting implications for mobility and independence.
• Wrist and Arm Fractures: Often a result of instinctively reaching out to break a fall.
• Spinal Fractures: These can be extremely serious, leading to chronic pain or even paralysis in severe cases.

Cuts and Abrasions

• Skin Lacerations: Can occur from contact with sharp or rough surfaces during a fall.
• Facial Injuries: These might include cuts or bruises on the face, which can occur if the face hits the ground or another object during a fall.

Emotional and Psychological Trauma

• Post-Traumatic Stress Disorder (PTSD): The trauma of a serious fall can lead to PTSD or other anxiety disorders.
• Depression: Especially in cases where the injury leads to long-term disability or chronic pain.

Understanding the common injuries from slip and fall accidents is essential for prevention and recognizing the need for legal action. At The Eskesen Law Firm in Midtown Manhattan, NY, we are committed to supporting those affected by such accidents. If you or a loved one has experienced a slip and fall accident, don’t hesitate to reach out to us. We will work tirelessly to ensure that your rights are protected and that you receive the compensation you deserve. Remember, you are not alone in this journey, and we are here to help every step of the way.

Slip and Fall Laws in Midtown Manhattan FAQs

What are the basic principles of slip and fall laws in Midtown Manhattan, NY?

In Midtown Manhattan, as in the rest of New York, slip and fall laws are governed by premises liability principles. These laws dictate that property owners and managers have a duty to maintain their premises in a reasonably safe condition. If a person slips, trips, or falls due to a hazardous condition, like wet floors, uneven sidewalks, or icy walkways, the property owner may be held liable. However, liability is contingent upon proving that the owner knew or should have known about the hazard and failed to rectify it in a reasonable time. Additionally, the injured party must demonstrate that the hazard directly caused their injuries.

How is liability determined in slip and fall accidents in Midtown Manhattan?

Liability in slip and fall cases in Midtown Manhattan is based on the concept of negligence. To establish liability, the injured party must prove that the property owner was negligent in maintaining the property. This involves showing that the owner knew or should have known about the dangerous condition and did not take appropriate action to correct it. Additionally, the plaintiff must prove that this negligence directly resulted in their injury. In some cases, comparative negligence may apply, reducing the compensation if the injured party is found partially responsible for the accident, such as by ignoring warning signs or being distracted.

What should I do if I’m involved in a slip and fall accident in Midtown Manhattan?

If you’re involved in a slip and fall accident in Midtown Manhattan, it’s important to take several steps. First, seek medical attention for your injuries. Then, document the scene by taking photos of the hazard that caused the fall and gather contact information of any witnesses. Report the accident to the property owner or manager and avoid making detailed statements or accepting blame. It’s also crucial to keep records of all medical treatments related to your injuries. Finally, consult with a personal injury attorney experienced in New York slip and fall cases to understand your rights and options.

What kind of compensation can I receive from a slip and fall accident in Midtown Manhattan?

Victims of slip and fall accidents in Midtown Manhattan may be entitled to various types of compensation, depending on the specifics of their case. This can include reimbursement for medical expenses, compensation for lost wages if the injury prevents them from working, and damages for pain and suffering. In some cases, victims may also be eligible for punitive damages if the property owner’s negligence was particularly egregious. The total compensation will vary based on the severity of the injury and the impact it has on the victim’s life.

Are there time limits for filing a slip and fall lawsuit in Midtown Manhattan?

Yes, there are time limits for filing a slip and fall lawsuit in Midtown Manhattan, which follow New York’s statute of limitations. Generally, you have three years from the date of the accident to file a personal injury lawsuit. However, this time frame can vary depending on specific circumstances, such as if the claim is against a government entity, in which case the time to file may be shorter. It’s important to consult with an attorney as soon as possible to ensure your claim is filed within the legal time limits.

Maximize Your Slip and Fall Compensation with The Eskesen Law Firm

At The Eskesen Law Firm, we understand the complexities and challenges that come with these types of accidents. Our commitment is to stand beside you, providing expert legal guidance and robust representation to ensure you receive the full compensation you deserve. From handling intricate negotiations to advocating in court, we are here to support you at every step. If you’ve suffered from a slip and fall accident, trust us to champion your rights and secure the best possible outcome for your case. Let’s navigate this journey together, towards recovery and justice.

Client Review

“I highly recommend The Eskesen Law Firm. From our first meeting, Frank Eskesen and his team explained everything to me in terms I could easily understand and were always very efficient, professional and caring. I’m beyond thrilled with the results.”
Dianne L.