“Caution!”

“ Wet floor!”

We’ve all seen these yellow, rectangular signs in places of business. They are there to warn people so that no one slips and falls on the premises.  That’s because if a store fails to reasonably account for your safety and you slip and fall, you may be entitled to compensation for any resulting injuries. 

Cases arising from slip and fall accidents in a store are “premises liability” cases. Premises liability boils down to this. When an insurance adjuster, judge, or jury is deciding whether the store owner is liable for your injuries, they will consider the following series of questions:

To figure out this last piece, they will ask whether 

1. the store created the hazardous condition, or 
2. the store knew or should have known of its existence within enough time before your accident that the condition could have been addressed. 

If the answer to all of these questions is “yes,” then the store owner will be held liable.

In our experience, injured shoppers frequently recover economic damages, which includes things like medical expenses and lost wages, and non-economic damages, such as pain and suffering. You have three main paths to this compensation:

While New York does not currently require businesses to carry commercial liability insurance, many stores will have an insurance policy covering accidents that take place on their premises. Naturally, insurance companies don’t want to pay out money if they can avoid it. So, their insurance adjuster has an incentive to rule against your claim or make a low-ball offer. 

A second option you have is to sue the store owner in court. A lawsuit will go before a judge or a jury, who will decide whether the store’s owner is liable for your injuries and, if so, for how much. The disadvantages of filing a lawsuit are that they tend to be time consuming and costly. 

Finally, whether you make an insurance claim with the store’s insurance company or sue the store owner in court, there is a strong possibility that your case will be resolved by a settlement. The insurance company or store owner will agree to pay you a sum of money in exchange for your promise not to take the case to court. 

Whether you make an insurance claim, file a lawsuit, or settle in either case, pursuing a slip and fall case is complicated for a number of reasons. Chief among them is the fact that the law itself is complicated and fact-specific, meaning whether or not you have a valid claim will depend on the precise circumstances of your case. Only an experienced personal injury attorney can accurately evaluate the strength of your claim. 

At Rosenblum Law, we have a record of successfully representing accident victims. Call us today for a free, no-obligation consultation. We’ll answer any questions you might have, recommend the best legal remedy, and negotiate for the compensation you justly deserve.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/fall-in-store/

A cell phone is one of the world’s greatest distractions. With just a few touches, you can access your emails, text messages, social media, and the list goes on. You know that using your cell phone while behind the wheel is incredibly dangerous. And the State of New York recognizes this as well.

New York’s state law defines two distinct types of cell phone tickets. A section twelve-twenty-five “c” ticket penalizes using a cell phone to engage a phone call while driving. The classic example of this violation is one holding a cell phone to their ear and talking on the phone while driving. The other type of ticket is a section twelve-twenty-five “d” ticket. It is known as an electronic device ticket because it is issued when someone uses a portable electronic device while driving. This includes a range of activities, from texting or using an app to fiddling with a portable GPS. 

New York’s commitment to preventing these unsafe practices is reflected in the significant consequences they carry. One convicted of a cell phone violation faces steep penalties in New York, including:

• Fines,
• Surcharges,
• A possible driver responsibility assessment fee,
• Five points on their license, and
• A substantial increase in their auto insurance premium.

Avoiding these penalties will require the expertise of a skilled attorney. Your first option is to take your case to trial. This option is high-reward but also high-risk. If you win, you will be found not guilty and avoid the penalties altogether. But winning is tricky. 

Sometimes, there will be clear evidence to prove the driver is not guilty. For example, in the case People versus Ferguson, Mr. Ferguson was ticketed for talking on his cell phone while driving when an officer observed him holding his phone to his left ear. At trial, Ferguson’s attorney produced evidence of his client’s phone records, which showed he was not engaged in a phone call when the officer had observed him. As a result, Ferguson was found not guilty. 

Other times, facts are less clear. In these cases, the judge will usually side with the police officer. If you do end up losing in court, the likely result is that you will have to accept the full range of available penalties. So, going to trial is not right for every case. Whether this strategy is right for you should be determined by an attorney after a review of the facts of your case. 

If you or or a loved one has been cited with a cell phone ticket, contact Rosenblum Law for a free, no-obligation consultation. Fighting a cell phone ticket in New York is serious business. By hiring a qualified attorney, you give yourself the best shot at avoiding harsh penalties.

Read More: https://traffictickets.com/new-york/traffic-tickets/cell-phone-ticket/

When the owners or caretakers of a property where a victim fell are to blame, they can face legal trouble, which might end with them having to foot the bill. While this is bad news for property owners, it is good news for you, as the injured person. With the help of a capable personal injury attorney, you may be able to get compensation for things like medical bills, lost wages, and your pain and suffering. 

Because there may be many possibilities, it can be incredibly difficult to figure out exactly who is responsible for the safety of the property where you fell. For example, imagine you slip and fall in the parking lot of a grocery store. Let’s run through some of the potential suspects for liability. They include the:

• Store owner,
• Commercial owner of the building the store rents from,
• Commercial owner of a parking lot,
• Third-party maintenance company, and
• Public entities (like a state or local government).

As you can see, things can get complicated rather quickly. To figure out who can be held responsible for your accident, you will need a qualified personal injury attorney to consider the exact circumstances of your case and investigate to determine who was responsible for the safety of the property where you fell.

The liability rule at play when someone falls on a wet floor is known as “premises liability.” Premises liability deals with the duty landowners or others responsible for a property owe to the people who are invited onto the property. 

So, for someone to be held responsible for your accident, four things must be true:

1. You were lawfully on the property.
2. You were injured by a dangerous condition of the property.
3. The landowner either created the dangerous condition or had notice of it.
4. The landowner failed to address the dangerous condition.

Your case will generally involve three critical stages:

1. Determining who can be held responsible
2. Building your claim, and
3. Proving your claim

In our experience, most personal injury cases end with a settlement. A settlement is when the two parties to a legal action come to an agreement prior to going to trial. While most personal injury cases settle, you are by no means guaranteed a settlement. You will need a highly skilled and competent attorney to negotiate with opposing parties on your behalf to give yourself the best chance of getting a fair settlement amount. If you do not have a skilled negotiator and the legal expertise of an attorney on your side, the odds of getting the best possible amount that you deserve will likely be lower. 

The bottom line is, you will need a team of highly experienced, client oriented, and passionate attorneys to maximize your chances of receiving the compensation you deserve. Call us at 888-815-3649 for free consultation. We will listen to the facts of your case and advise you on the best path forward.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/wet-floor/

If you or a loved one suffered an injury from a fall in a nursing home, know that you are not alone. Sadly, fifty to sixty percent of nursing home residents suffer falls. Fortunately, the law provides a path to compensation if another is at fault. 

Determining who is at fault in a slip and fall accident is crucial. Not surprisingly, the nursing home itself is typically at fault. Why? In most slip and fall cases, the party responsible for the victim’s injuries is whoever was responsible for the safety of the premises where the victim fell. A second reason is that a nursing home employee can be held responsible for another person’s accident because they were directly responsible for keeping that person safe. Establishing whether a fall was a result of a dangerous condition at the location of the incident or someone’s failure to care for the resident is vital. 

However, not all cases are so straightforward. This is where a consultation with a knowledgeable personal injury attorney can be especially helpful. Here at Rosenblum Law, we’ll  review the facts of your case to determine who can be held responsible for your fall before you make a claim for compensation. Moreover, we will review all possible sources of law that can make you eligible for compensation, like the often complicated section of New York’s Public Health Law covering nursing homes. 

There are several steps you can take to get compensated for an injury. The most common route of action is to file an insurance claim and attempt to settle without filing a personal injury lawsuit. When filing an insurance claim, a claims adjuster will investigate your case and decide whether the insurance company is responsible for compensating you. If the determination is in your favor, the insurance company will have to pay. However, if they decide against you, or they offer a sum of money that does not adequately compensate you, you may decide to file a lawsuit.

If you file a personal injury lawsuit in a court of law, a judge or jury will ultimately decide whether the entity you are accusing was responsible for the accident and whether they have to pay you for your injuries. Taking your case to court can lead to greater and more fair compensation, given the impartiality of the decision makers. 

There is also potential for both filing a claim and lawsuit. Although an insurance claim and an attempt to settle is typically made before a lawsuit is filed, if a settlement cannot be reached, you can proceed with a lawsuit but they are not mutually exclusive. Reaching a settlement after you have filed a lawsuit but before a court ruling after trial is also a possible outcome. 

Your attorney can help you negotiate with an insurance company, advise you on whether or not an offer is fair, guide you in filing a lawsuit, and ultimately help you reach an adequate settlement, whether it’s done in the courtroom or not. Rosenblum Law has spent decades leveraging our resources and unmatched legal expertise to successfully advocate for our injured clients. We are committed to providing justice and helping you and your family secure the compensation you are owed for your nursing home injury  Call us today for a free, no-obligation consultation.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/

New York landlords have an obligation to set and maintain reasonably safe conditions at their properties. If a landlord fails to check (and correct) their property for safety hazards before renting it or opening it to the public, people can get seriously hurt. If you suspect that a landlord has not maintained reasonably safe conditions, and you were injured as a direct result of that negligence, there are likely ways for you to recover compensation.

Generally speaking, a New York landlord may be held liable for someone falling down a flight of stairs on their property if they either knew or should have had reasonable knowledge of the hazard’s existence that caused the fall. The landlord’s liability from this may arise if the answer is yes to the following questions:

1. Did the landlord know, or should they have known, about the presence of the safety hazard?
2. Was your injury reasonably foreseeable?
3. Did the landlord have a reasonable opportunity to take corrective action?

If a landlord is held liable for such injuries, the injured party usually has to be either a tenant or someone who has a legitimate reason to be on the property. Just a few examples of landlord negligence may include:

• Building code violations, 
• Failure to remove snow or ice, 
• Missing railings,
• Tripping or slipping hazards, and
• A stairway that is too steep or broken stairs.

Here at Rosenblum Law, we deploy decades of litigation experience and unrivaled legal expertise to ensure you get the best possible chance to recover the compensation you deserve and move on with your life. If you or a loved one have been injured in a fall down the stairs, don’t wait to take the crucial first step on the road to recovery and call us today!

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/workplace/

Whether someone works twenty hours or sixty hours a week, it is the employer’s responsibility to ensure that their employees have a safe environment to come to each and every day. If you’ve been injured by a fall at work, you should discuss your case with a New York personal injury attorney because you may be entitled to compensation.

Generally, you can recover most if not all of the initial losses you suffered from the injury, as well as future costs you may endure. Your attorney will help you determine who was responsible, how much liability will likely be attributed to them, and how much compensation you can recover.

In order for your employer to be held liable, your injury typically has to occur during work hours and on employer premises. If either doesn’t apply to your accident, you may not recover. 

If you were working at the time of your accident, you can potentially be compensated for:

• Current and future medical treatment,
• Current and future lost wages,
• Emotional trauma, 
• Expenses for dependants, and even
• Pain and suffering.

All businesses are required to have workers’ compensation insurance coverage for all employees. Workers’ compensation protects the rights of employees and employers by managing and delivering benefits when needed and also promoting worker and employer compliance with the law. However, prior cases show us that workers’ compensation is not a perfect system. For example, in one New York case, an employee was going into work when her foot slid out from under her as she was about to go up the steps. The employee figured there must have been an ice build up because it had snowed heavily the week before. Despite the accident occurring at work, the board initially did not allow her to receive benefits, so the employee decided to appeal this decision to the courts. 

On appeal, the board’s ruling was reversed and it held in favor of the injured worker because it was determined that the employee was injured as a result of a risk exclusive to her workplace. The board also failed to investigate whether there was ice or not, which is something that it should have done. 

As you can see, if the employee had not pursued legal action by appealing, she may have never received compensation for her injury and damages. It is extremely difficult to navigate the legal side of a slip and fall accident at work, and the process may be lengthy. By consulting an experienced personal injury attorney, you’ll have a better chance to get the compensation you deserve while you recover from your injuries.

It’s also important to note that even though a worker who is injured on the job can’t sue their employer but rather is required to file a Worker’s Comp claim, that’s only if the employer was the only responsible party. However, if a third party was negligent, a traditional lawsuit can be filed. So to give a common example, say a worker is injured on the job due to a defective piece of equipment, the equipment manufacturer can be sued in court.

If you’ve fallen at work, you will need the support of the highly competent and determined legal team here at Rosenblum Law. Don’t hesitate to take the crucial first step on the road to recovery by contacting us. We offer decades of experience and unrivaled attention to our clients’ cases to ensure the best possible outcomes.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/workplace/