Rochester Slip & Fall Accident Attorney

Filing Claims for Slip & Fall Injuries in NY

What is a Slip and Fall Injury?

A slip and fall accident occurs when a person slips, loses balance, and falls due to a hazardous condition. This can happen on surfaces that are wet, uneven, icy, or poorly maintained. It may also result from improper lighting, loose flooring, or spilled substances.

To qualify as a slip and fall for a personal injury case, the accident typically needs to occur on someone else's property. The property owner or occupant of the property may be held liable if they failed to keep the area safe. Slip and fall accidents can take place in businesses, public areas, or private properties. The key factor is whether the hazard was known or should have been known and the property owner did not take proper steps to address it.

Are Slip and Fall Accidents Covered Under Personal Injury Law?

Yes, slip and fall accidents fall under personal injury law, specifically under premises liability. This area of law holds property owners and occupiers responsible to maintain reasonably safe conditions for visitors or customers. 

If someone is injured in a slip and fall due to a hazardous condition on the property, they may be entitled to compensation through a personal injury claim. The injured person must prove that the property owner or occupier failed to properly maintain the property or did not provide adequate warning of the danger. 

How Do I Know If My Slip and Fall Accident Qualifies as a Personal Injury Case?

You need to look at several factors to determine if you have a slip and fall personal injury case. First, you must show that the property owner owed you a duty of care, meaning they were responsible for maintaining the premises in a reasonably safe condition. Next, you have to show they breached this duty of care by allowing a hazardous condition to exist, such as failing to clean up a spill or make repairs when they should’ve. 

You’ll need to show the dangerous or defective condition that caused your fall and resulted in injury. A successful slip and fall personal injury case will also require you to show the property owner knew, or should have known, about the dangerous or defective condition and failed to act.

What are Common Injuries in Slip and Fall Accidents?

Common injuries resulting from slip and fall accidents include:

• Fractures: Broken bones, especially in the wrists, ankles, and hips
• Head injuries: Concussions, traumatic brain injuries
• Soft tissue injuries: Sprains, strains, bruises
• Back injuries: Herniated discs, spinal cord damage

In severe cases, a fall can cause paralysis or other serious medical conditions. Regardless of the injury’s severity, it’s important to speak with a Rochester slip and fall accident lawyer.

Can I Sue for a Minor Slip and Fall Accident?

Yes, you can sue for a minor slip and fall injury if the property owner's negligence caused the accident. Even if the injury seems minor at first, medical expenses, missed work, or long-term effects could still arise down the road, making a personal injury lawsuit necessary. The extent of the injury does not change the property owner’s responsibility to provide safe conditions. 

While minor injuries may result in lower compensation compared to more severe injuries, you are still entitled to seek damages for medical costs, lost wages, and other expenses if negligence can be established in the case.

Recoverable Damages in a NY Slip & Fall Claim

If you've been injured in a slip and fall accident in New York, you may be entitled to compensation for your damages. These can include:

Economic Damages:

• Medical expenses: This includes the cost of emergency treatment, hospitalization, surgeries, medications, physical therapy, and other medical care.
• Lost wages: If your injuries prevent you from working, you may be able to recover compensation for lost income.
• Future earnings: If your injuries are expected to have a long-term impact on your earning potential, you may be entitled to damages for future lost earnings.
• Property damage: If your accident damaged your personal property, you may be able to recover the cost of repairs or replacement.

Non-Economic Damages:

• Pain and suffering: This includes physical pain, emotional distress, and loss of enjoyment of life.
• Loss of consortium: If your injuries have impacted your relationship with your spouse or partner, you may be able to recover damages for loss of consortium.
• Disfigurement: If your injuries have left you with scars or other disfigurements, you may be entitled to compensation.

Statutes of Limitations for Slip & Fall Claim in NY

In New York, the general statute of limitations for personal injury claims, including those arising from premises liability, is three years from the date the injury occurs. This means you must typically file your lawsuit within three years of the accident.

However, there's an important exception known as the "discovery rule." This rule allows the statute of limitations to begin running when you discover, or reasonably should have discovered, that you have an injury and that it was caused by another person's negligence.

If the slip and fall occurred on government property, you must follow a different procedure:

• File a notice of claim: Submit a written notice of claim to the attorney general's office within 90 days of the accident.
• File a lawsuit: Once you've filed the notice of claim, you have one year and 90 days to file a lawsuit.

Why Choose Our Firm?

Our experienced slip and fall attorneys have a proven track record of successfully representing clients in Rochester, NY and surrounding areas. We understand the complexities of these cases and are committed to fighting for the maximum compensation you deserve. We offer free consultations and work on a contingency fee basis, meaning you pay no legal fees unless we recover damages for you.