An afternoon spent enjoying the hustle and bustle of the city should be an occasion you remember fondly. However, when your fun-filled outing turns into a night in the emergency room after a slip and fall accident, you want to know who is or could be responsible for the cause of your injuries, which can range from mild to life-threatening.
Has This Happened to You?
According to the Centers for Disease Control and Prevention (CDC), slip and fall accidents account for over 8 million visits to the emergency room in the United States. One of every five slip and fall accidents cause severe injuries, including spinal cord injuries, broken hips, and traumatic brain injuries. Fractures are also among the top injuries from slip and fall accidents, and occur in over 5% of Americans who fall annually. Just think about it, we as humans are made of muscle and bone and when you slip and fall and come in contact with the ground there is only one winner and it certainly isn’t you.
If you or a loved one have been severely injured as a result of a slip and fall accident, it is time to get help. The top-rated personal injury lawyers at The Law Offices of Darren T. Moore P.C represent slip and fall accident victims throughout the New York region. Read below and learn if you could be eligible for full and fair compensation and get “Moorejustice” for injuries caused by another’s negligence.
Slip and Fall Accident Claims in Queens, New York
Property owners are required to keep their office buildings, apartment blocks, bars, restaurants and homes safe for visitors at all times. They have what the law terms ‘a non-delegable duty’ to keep their premises in a ‘reasonably’ safe condition. When a slip and fall accident occurs due to unsafe or poorly maintained environments, property owners could be liable for the accident and subsequent damages. Premise liability, a type of ‘tort’ action in personal injury claims provides that property owners are responsible for injuries that happen on their property and any damages that may follow as a result of dangerous and defective conditions that they knew of, should have know of and/or created.
To prove that a property owner was negligent and responsible under the law, certain factors need to be proven in court by a highly-experienced premise accident lawyer in Queens. For the purposes of below, Plaintiff = person injured and Defendant = property owner.
- The defendant had a duty / responsibility to keep the premises in a reasonably safe condition for all people including Plaintiff.
- The Plaintiff was lawfully present on the property or premises, for example, in a supermarket, on the sidewalk in front of a hotel or calling round to a friends apartment
- Plaintiff was injured because of a dangerous or defective condition at the property.
- Defendant knew, should have known and/or created the condition that caused the accident.
- The plaintiff suffered economic and non-economic damages resulting from a slip and fall accident while on the defendant’s property and by economic we mean, lost wages and medical expenses and for non-economic we’re talking about pain and suffering and the loss of enjoyment of one’s life.
- Premise Liability & Evidence
After submitting a slip and fall accident claim, as mentioned above, Plaintiffs must prove that they were legally allowed to be on the defendant’s property and that they were there for a specific reason. Trespassers or unwanted guests who enter another person’s property illegally or without their knowledge generally are not owed what the law calls a ‘duty of care’. However, if property owner’s notice the trespasser and allow them to stay, if they are then hurt, the trespasser could then be eligible for compensation.
In addition to showing how the property owner, or the defendant, was negligent, other factors will be looked at to establish liability and/or mitigate (reduce) the damages that the defendant owner is liable for, including:
- Whether the property owner was aware of the hazardous condition and just did nothing to fix it.
- Whether the property owner posted any sign or notice to warn visitors about the unsafe property conditions or to stay away from certain areas of the building.
- Whether the condition was so ‘open and obvious’ that no right thinking person would have walked in that area or entered that portion of the property
- What time of day the accident occurred and what the lighting conditions were at the time
- Was the area a populated area that would have prevented the Plaintiff from seeing what was there to be seen
- Any witness to the accident and at times even more importantly, any witnesses to the dangerous condition that existed before the accident even occurred
- What the general maintenance or cleaning routine of that area was in the days, weeks and months prior
Premise Liability & the Standard of Reasonableness
Premise liability features a standard of reasonableness that applies to both the plaintiff and the defendant during a slip and fall accident claim. The standard of reasonableness refers to dangerous or hazardous building conditions that the property owner was or was not aware of before a premise liability accident. If the property owner is unaware of any damage or dangerous condition at their building before your accident occurs, they may not be liable for the accident or any damages depending on the specific facts that surround the condition. It then becomes an examination of how long the condition was there for and when the area was last inspected.
In addition, if a guest is aware of an unsafe space in a building and chooses to stay despite property damage, cluttered walkways, etc., the plaintiff could share partial or full responsibility for a slip and fall accident in Queens, known as the mitigation of damages.
This is where an experienced slip and fall attorney comes in, you need a slip and fall lawyer that know what evidence they need, what investigation needs to be done, witnesses that need to be contacted and importantly what questions need to be asked of the Defendant in order to establish negligence.
What Type of Slip and Fall Accident Claims do We Represent in Queens, New York?
Any accident where someone slips and falls as a result of a dangerous, defective or hazardous condition. Many factors, including property owner negligence, can contribute to a slip and fall accident. While not every accident is the same and not ever injury is an action, there are common factors that may cause you to slip or fall while out walking, shopping, at work, eating out at a restaurant, or visiting a public place. For this reason, our top-rated lawyers for slip and fall accidents represent various types of slip and fall accident claims in Queens, including but not limited to the following:
- Wet or slippery floors
- Icy surfaces
- Leaks from HVAC units and cracked ceilings
- Poor lighting
- Poorly maintained building and common areas
- Uneven pavement or flooring
- Cluttered walkways
- Poorly designed or maintained stairs
- Fallen items or other trip hazards
- Large wires or cables in the walkway
- Holes or ditches
- Any other condition on a walkway that shouldn’t be there and causes harm
I tell clients all the time that any attorney or lawyer who says your case is worth ‘x’ amount of dollars at an early stage is blowing smoke and telling you what you want to hear. There a number of factors that need to be evaluated, some can be identified early on and some take time for example, the extent of an injury, the recover period involved and how that person will function once the injury has healed or reached maximum improvement.
Though there is not an average slip and fall accident amount in New York, our highly-experienced personal injury attorneys in Queens have won sizable settlements for our clients and their families. Not every slip and fall accident claim will look the same. However, in order to recover your damages, you could be eligible to win a large sum of money after a successful claim to make up for the property owner’s negligence and your harms and losses.
Founder Darren T. Moore has won millions of dollars for personal injury clients after unexpected injuries as a result of slip and fall accidents in Queens. Checked out our highlighted results to learn more about our numerous successful personal injury claims, including the following:
- $3,500,000.00 recovered for a man who slipped and fell on snow and ice sustaining head and spinal injuries
- $675,000.00 recovered after a woman slipped and fell on snow and ice
- $1,800,000.00 recovered after a construction worker fell off his ladder onsite and injured his leg in the fall.
- $6,500,000.00 recovered after a construction worker fell off of his ladder onsite and sustained multiple severe injuries in the process.
Although not every slip and fall accident claim will produce the same results, you could be entitled to fair compensation or what we term as “MOOREJUSTICE” to recover personal damages if you have been harmed during a slip and fall accident while on someone else’s property.
What Types of Compensation Could I Recover from a Slip and Fall Accident in Queens, New York?
After a slip and fall accident, your life may seem very different than before your accident depending on your injuries. A head injury aka traumatic brain injury may change you or a loved one. A spinal injury may prevent you from ever returning to your usual occupation. A shoulder or leg injury may ruin your social and/or recreational life, stop you playing that sport or enjoying your pastime. You may require intensive care or be unable to return to work due to your injuries. Depending on the circumstances surrounding your accident, you may experience huge pain and suffering as well as significant financial strain or mounting debt due to lost income and frequent or recurring medical bills and other out-of-pocket expenses.
If your slip and fall accident claim is successful, you could be entitled to recover two types of compensation — economic and non-economic damages. Each category of damages reimburses victims for specific losses after a slip and fall accident, including:
- Past Medical bills, physical therapy, injections, surgeries
- Future medical bills for the above and for future care, aid and treatments
- Ambulance rides
- ER bill
- Lost wages
- Future loss of earnings
- Reduced income earning potential
Non – Economic*
- Pain and suffering
- Depression or anxiety
- Mental anguish
- Loss of enjoyment of life
- Inability to work and do the things that one loves
- Loss of services and consortium for a spouse
*Note – despite what many people think, generally, non-economic damages are the most significant damages in a case
Hire a Slip and Fall Accident Lawyer in Queens
When you’re out on the town having the time of your life, taking a leisurely stroll or visiting a friend, the last thing you want is for your fun to be ended by a serious or life-threatening slip and fall accident. Yet accidents happen — and when they do, our slip and fall accident lawyers at the Law Offices of Darren T. Moore P.C. in Queens are here to help you get reimbursed for the damages you have incurred. Don’t suffer because of someone else’s mistake.
Move forward with your life after a slip and fall accident by hiring a personal injury attorney from The Law Offices of Darren T. Moore P.C. Our experienced lawyers are well-versed in premise liability and everything you need to know to win your slip and fall accident claim.
Get help immediately after a slip and fall accident in Queens. You could be entitled to fair compensation to recover your losses. Learn if you qualify today and contact us to file a slip and fall accident claim in Queens, New York.