Slip-and-Fall Attorneys in Staten Island, NY
A sudden fall can change your life in an instant. Whether you slipped on spilled milk in the supermarket or unexpected ice on a sidewalk, if someone else’s negligence caused your injury, they may be liable for damages. At Chelli & Bush, we know you may feel overwhelmed after an injury, and we’re here to help. Our compassionate, tenacious personal injury lawyers in Staten Island, New York, have helped thousands of injured slip-and-fall victims secure the compensation they need to protect their health and financial security.
Key Takeaways
- Property owners are legally responsible for keeping their premises safe and may be liable if someone is injured due to a hazardous condition.
- New York’s statute of limitations for premises liability claims is three years, but shorter deadlines may apply in cases involving government entities.
- You may still recover compensation even if you were partly at fault for your injuries.
- Reporting the incident, seeking medical care, and consulting an attorney as soon as possible can protect your rights.
- Our personal injury lawyers have recovered more than $500 million for our clients over the past five decades.
Common Causes of Slip-and-Fall Accidents
Slip-and-fall accidents can happen almost anywhere, including retail stores, restaurants and bars, apartment buildings, workplaces, and public areas. Common causes include:
- Wet or slippery floors caused by spills, mopping, or waxing
- Uneven walking surfaces, including potholes in parking lots, uneven flooring, and cracked or broken walkways
- Obstructed hallways and aisles cluttered with objects, debris, boxes, or products
- Unsafe stairs and railings, including loose stair treads, broken steps, and missing or broken handrails
- Ice and snow on sidewalks, parking lots, and entryways
- Poor lighting in hallways, stairwells, and outdoor walkways
Understanding Slip-and-Fall Liability
Property and business owners are required to keep their premises safe for visitors. When a dangerous condition isn’t addressed or remedied, they may be liable for any resulting injuries.
Slip-and-fall claims fall under the legal umbrella of premises liability. For a claim to be successful, your slip-and-fall attorney must show that the property owner knew or should have known about the dangerous condition, that the hazard caused you harm, and that you suffered injuries and losses as a result.
What Is Notice and Why Does it Matter?
To prove that a property owner is liable, your slip-and-fall attorney must demonstrate that they had either actual notice or constructive notice of the hazardous condition that caused your injury.
- Actual notice means the owner or employees knew about the condition. For example, a landlord is repeatedly informed about a broken stair in his building but doesn’t fix it for weeks. Because he had actual notice and failed to act, he could be liable if someone is injured.
- Constructive notice means the condition existed long enough that an employee or owner should have discovered it. For instance, if a spill on the floor of a supermarket is left there for an hour and someone slips on it and gets hurt, the business owner could be liable because it should have been discovered and cleaned up promptly.
Our Premises Liability Lawyers Build Strong Cases
One of the most important elements of any personal injury claim is solid evidence. Common types of evidence that help our slip-and-fall lawyers prove claims include:
- Photographs or video from the scene
- Surveillance footage
- Witness statements
- Incident reports
- Maintenance logs or cleaning records
- Clothing and shoes worn during the fall
- Evidence of prior notice
- Medical records
Things You Should Do After a Fall
After a fall, you may feel dazed and unsure of what to do next. It’s vital to report the incident to a store owner, manager, landlord, or anyone else responsible for the property. A written report provides documentation of the incident that your slip-and-fall attorney can use to build your case. If possible, you should also:
- Take photos of the area, hazardous condition, and your injuries
- Obtain contact information from witnesses
- Seek medical care as soon as possible
- Keep the shoes and clothing you were wearing
- Contact a slip-and-fall attorney
Things You Should Not Do After a Fall
- Avoid making statements such as “I feel fine” at the scene.
- If an insurance adjuster contacts you, do not give a statement, sign anything or accept a settlement without speaking to a premises liability attorney first. Your words can be twisted and used against you, as insurance companies do whatever they can to minimize payouts and deny claims.
Our experienced slip-and-fall attorneys handle all communications and negotiations with insurers. We conduct a thorough investigation, ensure evidence is preserved, and fight to help you get the maximum compensation you’re entitled to receive.
Understanding Comparative Negligence in New York
A victim may hesitate to file a slip-and-fall claim because they blame themselves, whether it’s because they were wearing the wrong shoes or they tripped over something while distracted. However, being partly at fault doesn’t bar you from recovering compensation. Under New York’s comparative negligence law, you can still seek damages. If you share some responsibility for your injury, your settlement or award will be reduced by your percentage of fault.
For example, if you’re found to be 20% at fault for not noticing an obvious hazard, but the property owner was still primarily responsible, you would recover 80% of your damages. Our personal injury lawyers are well-versed in New York law and know how to counter insurers’ blame-shifting tactics with strong evidence and compelling arguments.
Types of Damages in Slip-and-Fall Cases
A fall can lead to serious injuries such as broken bones, damage to the back, neck, and spine, head and brain injuries, facial and dental injuries, and severe sprains and strains. The steep cost of medical bills and time away from work can take a grave toll on your financial stability. Our experienced slip-and-fall lawyers know how to accurately value your claim and can help you pursue damages such as:
- Past and future medical expenses
- Wage loss
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term care
- Home modifications and assistive devices
- Loss of companionship and consortium
- Loss of enjoyment of life
It’s easy to underestimate the true physical, emotional, and financial costs of being hurt in a slip-and-fall accident. We work closely with medical experts, economists, and life care professionals to ensure the full scope of your current and future damages are covered. If you’ve lost a loved one, a premises liability lawyer can assess your case and advise you on whether a wrongful death claim is a viable option to pursue justice.
Why Choose Our Staten Island Slip-and-Fall Lawyers?
At Chelli & Bush, our dedicated attorneys and staff understand the devastating impact an injury can have on victims and their families. We approach every case with patience, strength, and strategic advocacy to hold property owners and their insurers accountable. We handle hundreds of cases each year and have recovered more than $500 million for our clients over the past five decades.
No Fee Unless We Make a Recovery for You
Our slip-and-fall attorneys take cases on a contingency fee basis. This means we get paid only if we obtain a settlement or court award for you. We’re committed to protecting your rights and helping you recover the fair compensation you need to heal and move forward from this challenging time.
Contact a Slip-and-Fall Attorney in Staten Island, NY
If you’re struggling with an injury caused by a fall, the team at Chelli & Bush is here for you. To schedule a free consultation with a slip-and fall lawyer in Staten Island, NY, contact us or call 718-987-8444. Our personal injury lawyers serve clients in Staten Island, Brooklyn, and surrounding areas.
Frequently Asked Questions About Slip-and-Fall Claims in New York
How long do I have to file a slip-and-fall lawsuit in New York?
Generally, the statute of limitations for filing a personal injury lawsuit in New York is three years. However, it may be paused in cases involving minors. A Notice of Claim must be filed within 90 days if you’re suing a government agency, so it’s vital to seek the counsel of a slip-and-fall attorney as soon as possible.
How much is my slip-and-fall case worth?
The value of your claim depends on many factors, including the severity of your injuries, the insurance policy limits, and your degree of fault. Your slip-and-fall lawyer will thoroughly evaluate your case and determine how much your claim is worth.
How long will my slip-and-fall case take?
Many cases are resolved in a matter of months while more complex claims involving serious injury or litigation can last years.
Who is responsible for removing snow and ice on sidewalks in New York?
In New York, property owners must clear snow or ice from their sidewalks to keep them safe and accessible for everyone. If they fail to shovel, salt, or apply sand within a reasonable amount of time and someone gets hurt, they may be liable for damages.