- Slip & Fall
“ 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
- the store created the hazardous condition, or
- 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.
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.
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:
- Did the landlord know, or should they have known, about the presence of the safety hazard?
- Was your injury reasonably foreseeable?
- 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!
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.