Skilled Legal Counsel for Slip/Trip and Fall Claims
Homeowners, tenants, possessors of land and businesses have an obligation to use reasonable care to keep their property in a reasonably safe condition. If the owner of property fails to properly maintain the property and you are injured because of a slippery or defective condition on the property, a claim should be brought for your personal injuries.
Frequently Asked Questions about Slip/Trip and Fall Accidents
Our personal injury lawyers provide answers to some important questions below.
Yes. But one of the most important questions that must first be answered is: what caused your fall? In order to bring a claim against a property owner, it must be shown that the property owner was negligent. Negligence is the lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent owner, tenant or possessor of property would have used under the same circumstances. It’s not enough that you fell. In a slip and fall or trip and fall case, there must be some defect or condition on the property that caused you to fall. Additionally, in order to prove that the owner was negligent, the homeowner must have created the condition or knew about it but failed to take reasonable steps to fix it.
Andy: If I fell on somebody else’s property, can I sue them?
George: You can bring a claim against somebody who had a defective condition on their property that caused you to suffer injuries. If we can prove notice and there’s a couple of different types of notice. Either the person knew about the condition, actually knew about it and didn’t fix it, or should have known about the condition because it existed for some extended period of time and then they didn’t correct it or fix it. The other way that we could prove notice is that they actually created the condition. So, for example, if they built steps and they didn’t put a handrail down and that was required, that would be a condition that they actually created. That was a defective condition that caused you to suffer an injury. Thanks for watching. Hopefully this video is helpful. If you have any additional questions, please feel free to give us a call at 844-Recover or visit our website at WWW.LAWYERS4THEINJURED.COM.
What if I don’t know what caused me to fall?admin2020-07-08T20:04:03+00:00
Unfortunately, if you don’t know how or why you fell, a claim cannot be pursued. Slip and fall cases are not “absolute liability” cases as some think. In other words, just because you fall on someone’s property, even if you are injured, you must still be able to point to the defect or condition that caused you to fall. If you fall on someone’s property but can’t explain what caused you to fall, you are unable to bring a slip and fall case in NY. Occasionally, if there are reasons for not knowing how or why you fell, an investigation may yield evidence that gives the answer. It’s important that these are conducted as close in time to the fall as possible so that the defect or condition is as close to it was when you fell.
What type of defect or condition would justify a claim for my slip and fall injury?admin2020-07-08T20:03:30+00:00
While there is no clear cut answer as to the conditions that may justify a claim, some examples of conditions that have justified claims against homeowners or businesses are: broken steps, no railings, accumulating water or ice that recurs at a particular location, significant holes or cracks in the walkway or parking lot, wax or grease, and poor or no lighting.
What does it mean to sue another person?admin2020-07-08T20:02:31+00:00
When you are injured by another person, whether it’s because of a fall on another person’s property or because you were injured in a car accident, suing a person means that your lawyer files a lawsuit in court. To begin a lawsuit, a complaint is filed and served on the defendant. This document tells the defendant and his insurance company what happened and why he is being sued. After the complaint is filed, the defendant’s insurance company will assign a lawyer to answer the complaint. This initial exchange of documents begins the “discovery” phase of the lawsuit.
Is suing a person the same as bringing a claim against a person?admin2020-07-08T20:01:58+00:00
Yes. These terms are often used interchangeably when talking about suing another person or business. It is important to remember that while you are suing a person, in most instances, you are looking to be made whole, meaning the money and damages you are seeking for your injuries may come from the insurance company of the homeowner or business owner.
Can my case be settled before a trial?admin2020-07-08T20:01:33+00:00
Yes. There is always the possibility that a settlement can be reached prior to trial. Factors that impact settlement include how the incident happened, what type of injuries you’ve sustained, and what out of pocket or lost earnings you have and/or can expect. If your lawyer and the insurance company can agree to a dollar value for your case that is satisfactory to you, your case can be settled prior to trial.
What is the process of settling my case before trial?admin2020-07-08T20:01:09+00:00
In order for a lawyer to reach a settlement with an insurance company on your behalf, the lawyer needs to fully understand your case. Your lawyer must examine the incident, how it happened and who caused it. The lawyer must also consider the nature of your injuries and obtain all of your medical records from all relevant medical providers. The lawyer must also examine your lost earnings or any other out of pocket expenses. If Medicare, Medicaid or workers compensation has paid any medical expenses or lost earnings these are liens against any recovery that should also be considered. A lien means the entity that paid certain expenses following your injury is entitled to be reimbursed for those expenses. Once your lawyer is armed with all of this information, your lawyer should be able to consider it against other cases similar to yours to place a fair dollar value on your claim.
How long does it take to settle a case?admin2020-07-08T20:00:44+00:00
That depends on a number of factors. However, the primary factor is the nature of your injury and the type of treatment you are receiving. If all your treatment is completed in a short time frame, your case will be ripe for settlement sooner. However, if you have ongoing treatment, surgeries, physical therapy or other treatment, and the full extent of your injuries and the impact of your injuries is unknown, it is not in your best interest to try a resolve your case too soon.
How long will my slip and fall lawsuit take?admin2020-07-08T20:00:14+00:00
It depends. Generally, lawsuits take anywhere from 1-2 years however there are occasions where the claim is resolved sooner than 1 year, and situations where the case takes longer than 2 years. Your lawyer should try to expedite your case as quickly as possible without sacrificing the true value of your case by trying to “settle” too soon. If you have questions about how long your case is taking, you should always reach out to your lawyer and talk to him/her so you can get a full understanding of the status of your case.
How much is my case worth?admin2023-01-05T16:29:32+00:00
The value of your case depends on a 3 primary factors:
The strength of the liability. Liability means the amount of fault the defendant has for your injuries. Is the defendant 100% at fault or are you partially at fault? The value of your case will be impacted by the distribution of fault. As an example if your case is worth $300,000 and the owner is 50% at fault, the value of your case is reduced to $150,000.
The significance of your injuries. The type of injury you have, the duration of your treatment, whether surgery is involved, and the permanent consequences of your injury impact the value of your case. A broken arm with no surgery that heals in 6 weeks with no permanent loss of range of motion is worth much less than a fractured leg that requires multiple surgeries, leaves a significant scar, and permanently limits your ability to enjoy your life.
The economic losses you’ve suffered. If you have missed work and/or can’t go back to work, and/or if you have incurred medical or other expenses because of your injury, this dollar figure is an important factor in determining the full value of your claim.
The true value of your damages can only be calculated when treatment is complete, and the long-term consequences of your injury are understood.
If I am injured because of a fall on someone’s property who pays for my injuries?admin2020-07-08T19:58:00+00:00
If you are injured because a homeowner or a business has not taken care of their property, you have a claim against that owner and that owner’s insurance company. There are different types of insurance policies that may be available. One policy is the policy that pays for your pain, suffering and any lost earnings or medical expenses you’ve incurred. This is commonly known as the “liability policy” and the value of that policy depends on what type of insurance the owner has. Whether the insurance company pays under its liability policy will depend on whether the owner was negligent. The other type of insurance that may be available is medical payments coverage. Some, but not all policies have some limited amount of money that can be paid to reimburse you for out of pocket costs related to an injury. This policy, known as the “medpay policy” can be paid by the insurance company regardless of fault to assist you with your out of pocket, injury related expenses.
If I bring a claim for a fall does the owner or the insurance company pay?admin2020-07-08T19:57:32+00:00
If you have fallen because of a known defect or condition on someone’s property and are injured, the insurance company for the owner of the property will be responsible to pay for your injuries, including any unreimbursed medical expenses, lost earnings and your pain and suffering. However, if the value of your injuries exceeds the value of the insurance policy, a claim can also be brought directly against the owner.
You have the right to a trial by jury or by the judge who will act as both judge and jury
At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision
Recent Verdicts & Settlements
Wrongful Death Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.
Negligent Assault Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body. He also suffered from short and long term memory deficits and other cognitive deficits.
Medical Negligence Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.
Worksite Injury Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.
Worksite Injury Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.
Nursing Home Negligence An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.
Bicycle Accident Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.
Worksite Injury Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.
Federal Employers Liability Act/FELA Plaintiff suffered a significant back injury while working for CSX.
Farm/Tractor Accident The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.
Automobile Accident Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.
Vicki Testimonial Transcript Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.
Laurie Testimonial Transcript George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.
Jules Testimonial Transcript What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.
Chuck Testimonial Transcript Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.
“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….
Thank you all for your kindness and all your help in getting back to my wellbeing and life. I could not have done it without you all. Everything is going so well again. I recommend you highly. Thanks Again!”
“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….
“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….
“The staff at LaMarche Safranko Law took care of whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service was very, very good and I would Highly recommend them.”
Thank you so much for everything you have done for our son over the last three years. This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!
“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….
I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….
“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life…
“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor. George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…
“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….
“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….
“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…
Thank You so much for answering my question, and so expediently!
The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…