White Plains Slip and Fall Lawyers
Injured in a Slip, Trip, or Fall Accident?
Falls can happen anywhere, but most are completely preventable. When an employer or property owner fails to maintain a safe premises, they can be held liable for any resulting injuries. Slip, trip, and fall cases can result in serious, catastrophic injuries.
At Denlea & Carton, our White Plains slip and fall lawyers have been winning compensation for accident victims for over 35 years. We have obtained millions on behalf of our clients and will fight to maximize your recovery. Contact our office today at (914) 417-4623 for a free consultation.
Slip and Fall Injury Statistics
The Centers for Disease Control and Prevention (CDC) estimates that one in five falls results in a serious injury requiring hospitalization. Tragically, falls are the most common cause of traumatic brain injuries.
Common injuries in slip and fall cases include:
- Ankle fractures
- Broken Bones
- Head injuries
- Traumatic brain injury
- Hip fractures
- Wrist and arm injuries
- Back injuries
Our experienced White Plains slip and fall lawyers can help you get the compensation you need after an injury. When you retain our law firm, we are more than just your attorney; we are your representative in and out of the courtroom. Contact the seasoned injury lawyers at Denlea & Carton today to discuss your case and get started on your recovery. Call (914) 417-4623 today for a FREE consultation.
Workplace Slip and Fall Injuries
The National Safety Council regularly ranks falls as a leading cause of preventable injury-related death and non-fatal injuries in the United States. Falls are also a leading cause of injury and death on worksites across the United States. Construction workers are most at risk for injuries related to falls. Tens of thousands of workers are injured each year because of negligence or inadequate safety regulations.
Adhering to industry safety standards put forth by regulatory agencies such as the Occupational Safety and Health Administration (OSHA) would save tens of thousands of lives. According to OSHA, the most frequently cited standards violations were related to falls, including failure to provide adequate fall protection, lack of scaffolding safety measures, and failure to follow ladder guidelines.
If employers followed safety guidelines, including providing the right equipment and training employees on fall prevention, there would be far fewer work-related injuries and deaths.
Grocery and Department Store Slip, Trip, and Fall Cases
Nobody expects to get injured while grocery shopping, but it happens frequently. When a liquid gets spilled and never cleaned up despite the store being notified of the hazard or a pallet gets left in the middle of an aisle, serious injury can result.
Other common causes of retail slip and fall cases noted by the CDC include:
- Slippery surfaces caused by spills
- Inclement weather such as ice, snow, or rain
- Tripping caused by loose mats or rugs
- Boxes or containers creating obstructed walkways
- Poor lighting
- Poorly maintained walking surfaces (e.g. cords and hoses left out, or surface irregularities such as ripped or bumpy carpet)
Property owners must be held liable when they fail to provide a safe premises for retail shoppers. Whether you were injured at a grocery store, supermarket, clothing store, or convenience shop, we can help. You should never have to pay for someone else’s negligence.
Who Is Held Liable in a Slip and Fall Accident?
If you were injured in a slip or fall accident due to dangerous conditions at someone else’s property, the property owner can be held liable. According to New York state law regarding premises liability cases, it must be proven that the owner knew about the danger and failed to do anything about it, or that he or she should have known about the danger.
In determining liability and the amount of damages, a trier of fact may look at whether:
- The defect was actually “dangerous.”
- The defect was “trivial.”
- It was an “open and obvious” condition.
- The dangerous condition existed for a substantial period of time.
- The defendant had enough time to discover and remedy the defect.
- There was a “storm in progress.”
- There was notice of the defect.
In some cases, there may be multiple parties that can be held liable in a case. After an examination of the evidence, it may also be determined that the person injured was partially at fault for his or her injuries. Under New York law, however, a plaintiff’s contributory negligence or culpable conduct does not bar recovery.
Actual and Constructive Notice
The first type of notice is called “Actual Notice,” where it can be proven that the property owner was fully aware of the hazard that ended up causing the slip or fall accident, and failed to fix the danger or properly warn visitors about it.
However, it can be more difficult to prove that the owner had full knowledge of something and was negligent. Instead, your slip and fall lawyer can also attempt to prove “constructive notice,” which means that the danger was so obvious that the property owner should have known about the hazard.
Homeowner and Business Owner Liability
Property owners are expected to regularly inspect their property, identify potentially dangerous conditions, and correct them. The duty to keep a property in a reasonably safe condition for guests and customers applies to both homeowners and business owners or occupants. In order to prove liability, you would need to show that the property owner owed you a duty of care and breached that duty of care by failing to keep the property free from hazards that they knew or should have known about.
While under most circumstances, a homeowner or business owner does not owe a duty of care to a trespasser, there are some exceptions. One of the most notable exceptions is the attractive nuisance doctrine. Under this doctrine, a landowner may be held liable for injuries to a child even if they were a trespasser.
Common objects or conditions that may be considered attractive nuisances include:
- Swimming pools
- Swings and playground equipment
- Construction sites
- Abandoned vehicles
- Exposed powerlines
If your child was injured while trespassing on another person’s property, under certain conditions, the landowner may still be held liable. To determine whether the property contained an attractive nuisance, contact our office to discuss your case with a White Plains slip and fall lawyer.
Examples of New York Slip and Fall Cases
The American Cancer Society was found to owe a duty of care to a contract employee who tripped over an untapped cable. The untapped cable, which possibly existed for over an hour, was deemed a visible, dangerous condition (Stevenson v. Saratoga Performing Arts Ctr., 115 A.D.3d 1086 [3rd Dep’t 2014]).
According to the New York Post, last year, a renowned cellist received a $10.9 million verdict after she was injured, slipping on black ice in the parking lot of Balducci’s, a gourmet food market in Scarsdale. The fall resulted in serious injuries that prevent the cellist from playing her instrument.
An infamous alleged mobster received a $250,000 settlement after a “prison ping-pong fall,” as written in the New York Daily News. As noted in the article, federal prosecutors are now seeking to have at least part of his settlement forfeited to pay victim restitution. The mobster is serving a 19 ½ year sentence in a federal prison.
The owner of a store was held responsible when a plaintiff tripped and fell over a box of merchandise left at the end of an aisle. (Carpenter v. 130 W. Merrick, Inc., 71 A.D.3d 715 [2d Dep’t 2010]).
How Much Compensation Can I Recover in a Slip and Fall Case?
The outcome of injury cases varies widely and depends on the circumstances of the accident and the severity of the injuries. However, our slip and fall lawyers know how to fight for the maximum amount of compensation available in your case so that you can make a full recovery.
Several factors go into determining the amount of recovery you will receive for your injuries, including:
- The severity of your injuries
- Medical costs related to the incident
- Lost wages and earning potential
- The jurisdiction where your case will be heard
- Any contributory negligence
- Your pain and suffering in cases of serious injuries
- Whether you hire an attorney
Every slip, trip, and fall case is unique, which is why it is essential to discuss your case with an experienced attorney as soon as possible. Whether you were injured on someone else’s property or you lost a loved one due to another person’s negligence, our White Plains slip and fall lawyers may be able to help.
Hurt in a Slip and Fall Accident? Contact Denlea & Carton Today.
Were you or a loved one injured in a slip and fall accident? Contact our office for a free, no-obligation consultation. Call (914) 417-4623 to get the dedicated legal representation you deserve. There are never any fees unless we win. Get started toward your recovery today.