Experienced Albany and Saratoga Springs Slip-And-Fall Lawyers
Thousands of people are injured each year in this country from slip-and-fall accidents, resulting in serious personal injuries and sometimes, even death. Those injuries are often the result of someone else’s negligence.
Slip-and-fall accidents can lead to prolonged pain and suffering, lost wages and costly medical bills. If you or a loved one has been injured due to a dangerous condition on someone else’s property, the lawyers at Anderson, Moschetti & Taffany, PLLC, in Albany and Saratoga Springs, New York can address your legal needs. Based in the Capital District, our attorneys handle slip-and-fall cases throughout the region.
Why Do Slip-And-Fall Accidents Occur?
Property owners are responsible for keeping their premises in a reasonably safe condition. This is true for residential, public and commercial properties. When they fail to do so, they can be held accountable through a personal injury case called a premises liability claim.
Some examples of unsafe conditions include:
- Slippery walking surfaces resulting from unsalted or unshoveled surfaces following a snowstorm
- Deteriorated walkways
- Poorly lit or unsafe stairways
- Missing or broken handrails
- Slippery floors
- Potholes that cause trip and fall accidents
Unsafe property conditions can occur anywhere. Frequently, premises liability claims involve places such as:
- Commercial venues such as supermarkets and malls
- Workplaces, including construction sites and industrial buildings
- Office buildings
- Entertainment premises such as restaurants, nightclubs and concert venues
- Medical and therapy facilities
These accidents can cause severe injuries that are costly and require prolonged recovery. You shouldn’t have to suffer the consequences of a slip-and-fall injury that was the result of a property owner’s carelessness. For these reasons, it’s important to consult with an attorney. Our lawyers will tell you if you have a case, at no cost for consultation.
Steps To Take After A Slip-And-Fall
After a slip-and-fall accident, your health and well-being are always the priority. You should:
- Seek medical attention immediately and start keeping a record of your medical bills, reports from an ER doc or personal physician detailing your injuries, rehabilitation schedules or other treatment and diagnosis. Most importantly, make sure that you are following your doctor’s directions.
- Write down the details of what happened where, when, what, why and how the accident occurred. Also, the weather conditions, temperature and what you were wearing, such as the shoes you had on.
- Take photos and/or videos, if you are able, of what happened. Every little piece of evidence is valuable information to enable your slip and fall attorney to help you obtain the highest possible recovery on your behalf.
- Talk to witnesses and ask for their contact information if possible. Your lawyer can take their statements. You may also be required to fill out an accident report if you are at a commercial venue.
The lawyers at Anderson, Moschetti & Taffany, PLLC, also recommend that you do not discuss your case with insurance representatives before talking with us. Also, you should not sign any document until you seek legal advice. Otherwise, you may end up giving up important rights or settling your case for far less than what you deserve.
Can You Sue For Pothole Trip-And-Fall Injuries?
Potholes in parking lots and sidewalks are a serious safety hazard. It is easy for a customer or other visitor to lose their balance by stepping into a depression and falling to the ground. Pothole trip-and-falls can cause severe injuries and cost you thousands of dollars in medical bills.
Like any other dangerous trap, when a property owner fails to fill in a pothole or warn the public about it, and someone suffers a pothole trip-and-fall accident as a result, the owner is liable for that person’s injuries. Our attorneys can help you prove that your slip and fall was due to the owner’s negligence regarding potholes, and the extent of your injuries, so you can obtain maximum compensation.
Can I File A Claim For A Wintertime Slip And Fall Injury?
Yes. All New York property owners have a legal duty to keep their premises reasonably safe for visitors and others. If they neglect their responsibility, icy conditions during the wintertime often cause life-changing injuries resulting from slip-and-fall accidents. Thousands of people are injured in slip-and-fall accidents involving snow and ice each year. Many falls result in debilitating injuries and long recovery periods. What’s worse, Centers for Disease Control and Prevention (CDC) statistics show people 65 and older are especially vulnerable. The CDC reports death rates involving falls for older adults have increased by 30% since 2007. Slip-and-fall accidents cause roughly 95% of all hip fractures.
If you are one of them and someone else’s negligence caused your injuries, you have the right to seek compensation for pain and suffering, lost wages and medical costs. Under New York’s statute of limitations, you have up to three years from the date of an accident to file a personal injury claim for injuries caused by the negligence of others. This includes business owners, homeowners or anyone else who failed to clear snow and ice or promptly remove other hazards. The three-year deadline also includes negotiating with the property owner’s insurance company to cover your losses. You should also know that if the negligence involves a municipality, such as a village, town or city, or the state of New York, a much shorter deadline will apply to file a claim, so follow up quickly to be sure it can be timely filed.
Many of these businesses may deny responsibility, and their insurance company may even try to blame you. Experienced slip and fall lawyers understand these tactics, and are well versed in New York laws regarding slip-and-fall accidents. Taking the right steps is crucial for getting the compensation you deserve when someone’s negligence puts your future at risk.
Investigating A Slip-And-Fall Claim Takes A Skilled Attorney
Slip-and-fall accident claims require careful investigation. We know how to act quickly to gather and preserve evidence. For example, we will secure photos and security camera footage to document the dangerous property condition. We will pinpoint witnesses and obtain their statements. When warranted, we will also work with a professional engineer to analyze the condition and if necessary, testify in court about the dangerous condition and how it contributed to your injuries. Put simply, we have the resources, skills and knowledge it takes to conduct a thorough investigation and help you pursue your rights.
Why Hire Anderson, Moschetti & Taffany, PLLC, After A Slip-And-Fall Accident?
With 100 years of combined experience, our slip-and-fall lawyers have handled thousands of slip-and-fall cases, many like yours. This means that they know New York’s slip-and-fall laws and how to handle the case right, from start to finish. They also understand that the impact of the injury on your life is unique to you. They will fight to get you the full compensation you deserve.
Injuries from slip and falls can have lasting injuries requiring ongoing treatment and permanent disability. The slip-and-fall attorneys at Anderson, Moschetti & Taffany, PLLC, will handle the legal process so you can focus on your recovery. Contact us today at 518-328-4486 or fill out our contact form to get started.
Frequently Asked Questions About Slip-And-Fall Cases
Below are some common questions about slip-and-fall accidents. Remember that every case is different, so you should talk with one of our lawyers with questions you have regarding your specific situation.
What if an accident occurred on someone else’s private property?
Private property owners have a legal duty to keep their property safe. If you are injured on private property, you will most likely be able to get compensation from the homeowner. Homeowners’ insurance is often the source of compensation for these cases. However, it’s essential to prove that the negligence of the homeowner caused or contributed to the accident. Our attorneys will seek the necessary evidence to support a strong claim.
What kinds of injuries can result from a slip-and-fall accident?
Slip-and-fall or trip-and-fall injuries may cause serious injuries with sometimes long-term effects, including:
- Concussions and other traumatic brain injuries
- Broken bones, including broken hips, arms and legs
- Back and neck injuries
- Sprains and strains
Getting prompt medical treatment after a slip-and-fall accident will help to ensure that you get the right diagnosis and treatment and provide a strong record of the evidence that can help you secure adequate compensation later on.
What do I have to prove to hold the property owner responsible for a slip and fall or trip-and-fall accident?
To hold a property owner accountable, the following must be proven:
- The property owner caused or allowed to exist the dangerous condition that caused or contributed to your fall.
- The property owner knew or should have known (i.e., constructive notice), about the dangerous property condition and didn’t do anything about it.
Constructive notice relates to what a property owner “should have known.” It is not always black and white or easy to prove. This is what our experienced lawyers know best – being able to prove that the condition existed long enough that a reasonable person would have known about it.
How long do I have to file a personal injury claim in Albany?
The limit to file most personal injury cases is three years from the date of the injury in cases involving residential or commercial property owners. If the property owner is a municipality, a claim must be filed as soon as 90 days following the accident to preserve the right to proceed with a lawsuit. There are other deadlines as well, depending upon the specific entity being sued. The sooner you retain us, the sooner we can ensure that a claim is timely filed and get to work on your behalf.
Slip-And-Fall Blog Posts
- Why slip-and-fall are serious business
- How are my medical bills paid after falling on an icy sidewalk at the mall?
- How can a lawyer help if I slip-and-fall in a parking lot?
Contact Our Slip-And-Fall Lawyers Today
The attorneys at Anderson, Moschetti & Taffany, PLLC, have successfully handled slip-and-fall claims for over four decades. They have obtained record breaking multimillion-dollar settlements and awards for their clients. In fact, they often educate other attorneys through state and local bar association seminars.
If you’ve been injured in a trip-and-fall or slip-and-fall accident in the Albany or Saratoga Springs, New York, area, call Anderson, Moschetti & Taffany, PLLC, at 518-328-4486 or contact us online for a free consultation.