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Slip And Fall Injury Law: Know Your Rights

Injured in a slip and fall event and wondering if you have a legal case? With the complexity of local and state laws in New York state, it may be hard to determine without some professional guidance. Give us a call at 785-4900 for a free consultation. You can also review some of our articles covering personal injuries and slip and fall cases. Some of our most popular articles include:

I Was Injured on Someone Else’s Property. Why Isn’t The Property Owner Automatically at Fault?

woman who has slipped and fallen on an icy sidewalk on someone else's propertySlip and fall accidents can happen anytime, anywhere. They are especially common during the winter months here in the Northeast, where snow and ice cover the ground and temperatures linger around freezing for months at a time. And it seems as often as not, these accidents occur on someone else’s property.

When individuals are seriously injured as the result of a slip and fall accident on someone else’s property, they often wonder: who is at fault for the accident?

Many people automatically assume that the property owner is “automatically” legally responsible for the injury. When seeking compensation for their injuries, they believe the property owner must be responsible.

However, contrary to what many believe, this is not the law. (more…)

I Slipped and Fell and Was Seriously Injured at My Neighbor’s Pool: What Are My Rights?

Backyard in-ground poolSummer is the perfect time for backyard barbecues and get-togethers, especially at the homes of neighbors with pools. Kids and adults alike enjoy cooling off while enjoying the beautiful weather and the company of friends.

Unfortunately, while neighborhood pool parties are a summer staple for many, they are also the setting for many slip and fall accidents and resultant injuries. The surfaces surrounding pools can be a recipe for disaster.

Although slipping, falling and sustaining injury at a neighbor’s pool may bring embarrassment at first, it can also cause long term pain and suffering and result in significant medical bills and lost wages. As a result, after suffering from a slip and fall injury at a neighbor’s pool, consider consulting with an experienced personal injury lawyer to determine whether or not you may have a personal injury case. (more…)

If I Slip and Fall on Ice at Work, What Are My Rights?

Snowy sidewalk with cars parked along the roadSerious injuries as a result of a slip and fall can occur at anytime and anywhere, including while at work.

During the winter, snow and ice creates added risk for individuals who have to work outside, frequently walk outside, or drive. Serious injuries caused by slip and falls on snow and ice while in the scope of employment involve laws unique to the accident and which may impact the rights of the individual to obtain compensation for injury, pain and suffering. (more…)

I Slipped and Fell in a Shopping Mall and Was Injured: What Are My Rights?

Man and woman walking through a shopping mall with shopping bagsSlip and fall accidents in shopping malls and stores are more common than you might think. Wet floors caused by water tracked in from outside, chipped or cracked flooring, wrinkled carpeting, infrastructure leaks causing slippery surfaces – the potential dangers that may cause shoppers to slip and fall are endless.

If you’ve been seriously injured in a slip and fall accident at a shopping mall, you may be able to pursue compensation – but you’ll most likely need help from an experienced personal injury attorney to do so.

Here, we’ll delve into more of the details about what’s involved in pursuing a personal injury claim after a slip and fall accident in a shopping mall. (more…)

Property Owner Violates an Ordinance Requiring Snow Removal and I Slip and Fall and Am Injured. What Are My Rights?

Shoveling snow out of a crosswalkFor those of us living in Albany and the greater Capital Region, negotiating the hazards that winter brings is no easy feat. Unfortunately sometimes people fall and are injured on accumulated snow or ice.

Snow Removal Ordinances in Upstate New York

In some localities, a local law, usually called an ordinance, places a duty on landowners to keep the sidewalks in front of their home or business clear of snow and ice. For example, the City of Albany has ordinance Section 323-21 which requires the removal of snow from the sidewalk adjoining an owner’s property within twenty-four (24) hours after the snowfall ends.

This does not mean that a landowner is automatically liable for any injury to a person who fell on the sidewalk even if it can be shown that the ordinance was violated; unless, as is the case with some municipal ordinances, the ordinance specifically states that a landowner who fails to comply will be held liable for any injury that results from that failure. Typically, violation of an ordinance establishes some evidence of negligence. (more…)

If I Slip and Fall on Ice in a Parking Lot and Am Injured, What Are My Rights?

Cars in a snowy parking lot at nightWinter in the Capital District of Upstate New York can be brutal. It’s not unusual for us to have several storms, many of which result in the presence of snow and ice on sidewalks and parking lots that have not been properly maintained following the storm.

If you’re a resident of Albany, Troy, Saratoga Springs, Clifton Park or another community in the Capital District, or if you’re planning to visit Upstate New York during the winter, it’s important to know your rights when it comes to slip and fall accidents involving ice.

Parking Lot Slip and Fall Accidents In Upstate New York

There are many places where slip and fall accidents can occur when ice forms during winter snow storms. One of the most common places where slip and fall accidents involving ice occur is in parking lots.

You should know your rights if you slip and fall while attempting to walk from your car or while on a sidewalk at a mall or shopping center. You may be entitled to compensation for pain and suffering, medical bills and lost wages if there was negligence on the part of the owner or maintenance company that failed to do what New York law requires. (more…)

I Slipped and Fell and Was Seriously Injured at a Public Pool: What Are My Rights?

Family swimming at public pool trying to avoid public pool slip and fall accidentsSummer is upon us, and that means swimming pools are once again open for the season. While pools are great places to cool off, relax in the sun and enjoy some family-friendly fun, they can also be dangerous. Slippery surfaces make public pools and pool facilities prime territory for slip and fall accidents and injuries.

Preventing Slip and Fall Accidents on Surfaces at Public Pool Facilities

Although it is to be expected that pool surfaces will become wet, surfaces at recreational pool facilities should not become slippery even when water from the pool area is tracked across them. Pool decks, sidewalks, locker room floors and other surfaces around the pool should be designed and constructed of slip-resistant materials, or coated with slip-resistant paint to ensure that they do not become slippery when they inevitably become wet. (more…)

I Slipped, Fell and Was Injured at My Friend’s Apartment. Do I Have a Personal Injury Case?

Injury sustained at a friend's apartmentPicture this: You spend a casual weekend afternoon over at a friend’s apartment in Albany, catching up on what’s new and enjoying each other’s company. After a few hours together, you decide it’s time to go. You have errands to run and other items on your agenda for the day, so you need to get going.

After grabbing your jacket, assembling your things and saying goodbye to your friend, you head out the door. On your way out, you slip and fall and are seriously injured.

Now, a few months later, you’re still recovering from the accident. You’ve incurred significant medical expenses and missed time from work, which means you have more bills to pay but less income to cover them with.

Thinking back on the accident, you wonder if you might have a viable personal injury case and are entitled to some type of compensation. (more…)

I Fell on My Icy Apartment Sidewalk and Was Injured. What Are My Rights?

Icy sidewalk at an apartment complexProperty owners are responsible to maintain their premises to be in a “reasonably safe condition” so as to not cause harm to persons who come upon the property. This extends to the landlord of rented premises, whether it is a two story residential setting, or an apartment complex.

With respect to the existence of snow or ice on a private sidewalk, the landlord will not be liable if he did not have any duty to control the area, did not have the duty to maintain the area, or if he cannot be shown to have been negligent. But what about the situation where the landlord has contracted with an outside company to perform winter sidewalk and parking lot maintenance, can he escape liability then?

Sorting these issues out requires the expertise of an experienced Albany slip and fall lawyer to evaluate the facts of the accident and its circumstances, and analysis of the facts under New York law. (more…)

I Slipped and Fell on Ice and Was Injured. If I Didn’t See the Ice, Am I Still Able to Obtain Compensation for My Injuries?

slip and fall injuries and comparative faultEven during mild winters here in the Northeast, the threat of ice looms large. Though we may experience less snowfall during mild winters, when warm spells alternate with overnight cold snaps, rain, freezing rain and standing water repeatedly melt and refreeze. Icy walkways and parking lots are often the result. For this reason, slip and fall accidents and injuries are still very common even during winters when the average temperature is higher and the average snowfall is lower than usual.

Because there isn’t much snow on the ground during mild winters like the one we are currently experiencing, icy sidewalks and parking lots tend to catch people by surprise even more often than they do during typical snowy winters. After being injured as a result of falling on ice, this leaves many people wondering if they are entitled to compensation. (more…)