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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:


What Should I Do If I Fall and Am Injured on an Icy Sidewalk at a Store?

top down view of man walking on icy sidewalk at storeCommercial property owners are responsible for removing accumulations of snow and ice on their property, but they don’t always do so. This may cause a slip and fall accident resulting in serious personal injuries.

If this happens, there are certain steps that the victim should take to make sure his rights are protected if a claim is brought to be compensated for personal injury.

Steps to Take After a Slip and Fall Accident on Commercial Property

Ask For Help

First, and importantly, don’t be embarrassed to ask for help if a fall occurs.

The first reaction may be to not seek help so that attention is not called to the fact that you fell, thinking that slipping and falling is solely due to your own carelessness. Appreciate that falls are very common and generally not the fault of the injured person.

(more…)

How Long After a Storm Ends Does a Property Owner Have to Shovel Before Being Held Liable for Someone’s Fall and Injury?

snowblower clearing snow after a winter storm on residential propertyUnder New York law, property owners have a duty to keep their premises safe for those persons coming upon the property. The standard by which owners are judged can be summed up in one word: “reasonableness.” This means that if a property owner is aware of, or should be aware of, a dangerous condition on his property, the owner will be liable for foreseeable injuries to persons who might be on his property.

It doesn’t matter who the person is or why he has come onto the property; reasonable care must be taken to prevent injury. (more…)

What are My Rights If a Property Owner Fails to Remove Snow or Ice and I Fall and Am Injured?

snowblower on the sidewalk in a neighborhood in the middle of a snowstormSome people love the winter and all the snow that comes along with it. To others, the burdens of snow removal and inclement weather make the season unbearable.

Love it or hate it, snow and ice must be cleared from driveways, sidewalks and parking lots. In fact, owners and those in possession of property have a duty to keep walkways and parking lots safe for pedestrian use. If the failure to do so results in a slip and fall accident that results in a serious injury, the landowner or person or entity responsible for maintaining the property may be held liable for injuries caused by slippery conditions caused by the presence of snow or ice.

In addition, if attempts to maintain the property aren’t done properly, a claim of negligence may also lie. (more…)

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…)