Slip and Fall Personal Injury Case Articles & Information

Notice Requirements in Slip and Fall Cases: What You Need to Know

Posted on: July 11th, 2019

Injuries from slip and fall accidents can be painful and potentially long term. In order to receive the compensation you deserve for your injuries, it’s important to understand the requirements to reporting slip and fall accidents.

The central issue in “Slip and Fall” or “Trip and Fall” accidents is often the question of notice. A property owner can be held liable only if they had constructive notice of the dangerous condition. While constructive notice can be tricky to prove, there are some steps that you can take promptly after your accident to improve your chances at prevailing on this issue. (more…)

Trip & Falls on Stairs: Is My Landlord Liable For My Stairway Fall?

Posted on: January 25th, 2019

Stairs leading up to an apartment covered in snow There are stairways in the State of New York fraught with real life hazards that could cause serious injury. From snow covered exterior stairways to indoor staircases that have fallen into disrepair, stairs in and around rental properties can be more dangerous than some might expect.

Who is Responsible for Maintaining Stairways Throughout Rental Properties?

By law, property owners are obligated to insure the safety of their premises. They have a duty to take reasonable care to ensure that their property is in a state that will not cause harm to others.

People who have been invited onto the property – these could be customers, employees, tenants or guests – have a right to hold the property owner accountable in the event that an unsafe stairway or other aspect of the premises causes personal injury. (more…)

Slip and Fall Injuries In The Workplace

Posted on: December 20th, 2018

yellow caution sign in an office entryway with a wet floor and a mop in the background Slip and fall accidents are unfortunately common, and they can happen anyplace, anytime.

Floors wet from mopping and snowmelt, as well as icy parking lots and other common conditions can be serious accidents waiting to happen. Fall-related injuries are often surprisingly serious, oftentimes including complex fractures requiring major surgery. These injuries can cause major suffering and can put you out of work for an extended period of time, while your recovery can cost you a significant amount in medical bills.

So what happens if one of these slip and fall injuries occurs in the workplace? We break down the options you have when it comes to recovering from a slip and fall accident that occurred during the course and scope of employment. (more…)

Slip and Falls on Ice & Snow: Steps to Take Following a Snow-Related Injury

Posted on: November 26th, 2018

Man has a slip and fall accident on a icy Street “No animal, according to the rules of animal-etiquette, is ever expected to do anything strenuous, or heroic, or even moderately active during the off-season of winter.” Kenneth Grahame, The Wind in the Willows

If you are living in the Northeast and you are not someone who loves skiing, snowboarding, snowshoeing, ice fishing, sledding etc. it may be tempting to hibernate this season away. However, the reality is that snow and ice are a part of winter, and therefore, a part of our lives for several months out of the year.

As beautiful as it may be, snow and ice can cause major headaches and lead to significant injuries, one example being a slip and fall on ice and/or snow. While inclement weather is a part of our lives here in Upstate New York, that does not mean you have no legal recourse if you suffer a slip and fall.

Steps to Take After a Slip and Fall Accident on Ice or Snow

Here are some important things to keep in mind if you are injured as a result of a slip and fall due to snow, ice, or some other weather related condition. (more…)

Attorney Alex Stabinski successfully negotiates a $475,000 settlement for his client who suffered significant injuries after falling off a roof

Posted on: May 8th, 2017

Adam L. Stabinski Attorney Alex Stabinski was successful in negotiating a settlement of $475,000 for his client who suffered serious injuries, lost wages, and medical expenses after falling off a roof during the course of his work.

The client’s employer failed to provide him with any safety devices for the roofing work, and also failed to secure workers’ compensation coverage for his employees.

By the time this individual came to Alex for legal advice he had been unable to work for a significant period of time, was drowning in debt, could not afford essential medical treatment, and could not support his family. He was desperate. (more…)

Serious Injury on Someone Else’s Property: Injuries That Occur at a Residence That’s Not Your Own

Posted on: May 1st, 2017

Man injured at friend's residence in pain holding his back Serious injuries can happen anywhere! The truth is that every year, many people are severely injured at residences or properties that are not their own.

Whether it’s a slip and fall on ice, falling on unsafe stairs, injuries in a swimming pool – the list of potential causes for serious injuries goes on.

Though most people are aware of the potential for these types of injuries when they are out and about, many individuals are not sure of what to do if they were to incur such an injury, especially if that injury were to happen on a friend or acquaintance’s property.

So what do you do if you’re seriously injured on someone else’s property? What happens when an injury occurs at a residence that is not your own? (more…)

Proving Fault in a Slip and Fall Case

Posted on: March 20th, 2017

Slip and Fall Sign Slip and fall cases are some of the more challenging ones to fight because proving fault could be very difficult. Determining who is legally responsible is complicated because these types of accidents happen frequently and for countless reasons.

Think about how many times you’ve missed a step, tripped walking up the stairs or slipped on ice. Did those accidents occur because you weren’t being careful or paying close enough attention? Or was your slip and fall caused by a negligent property owner?

How is Fault Determined in a Slip and Fall Case?

Winning a slip and fall lawsuit means proving your injury was caused by a dangerous condition that the property owner was aware of, but did nothing about. It might sound simple enough, but these cases are full of gray areas. (more…)

Constructive Notice: Tips for Victims of Slip/Trip and Fall Accidents

Posted on: September 1st, 2014

As mentioned in prior posts on this blog, the central issue in “Slip and Fall” or “Trip and Fall” accidents is often the question of notice. A property owner can be held liable only if they had actual or “constructive” notice of the dangerous condition. While constructive notice can be tricky to prove, there are some steps that you can take promptly after your accident to improve your chances at prevailing on this issue.

In many cases, constructive notice can be inferred, based upon the size and dimensions of the condition. For example, case law has held that where a patch of ice is very large or thick, the inference can be drawn that it existed for a long time. The same may hold true with large potholes, chipped and broken slabs of pavement, etc. Because the condition may obviously change between the time of your accident and the time your claim is placed, we recommend that you immediately take multiple photographs of the defective condition and the surrounding area. That can usually be promptly accomplished with your own cell phone camera. Because photographs alone often do not completely capture the extent of the condition, it could also be extremely helpful to take measurements of the condition, and photograph those measurements as well.

It is critical to report your slip and fall or trip and fall accident to the property owner right away. If your fall occurs in a store or public building, promptly ask to see a manager and request an accident report. This will help prevent the property owner from arguing later that your accident did not occur at that time and location. Be sure to keep a copy of that report for your own records.

Any other information that you can collect, such as names and addresses of witnesses and reports of weather conditions, can be helpful to your claim.

The personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto routinely handle these issues, and can assist you in obtaining the proper evidence you need to prevail on your claim. If you or a loved one have been injured in a slip and fall, or trip and fall, accident, please call us at 800-721-3553 for assistance.

THE NEED FOR EXPERT PROOF – Part I: Utilizing Experts in Trip & Fall Cases

Posted on: June 16th, 2014

In order to win some personal injury cases, an expert witness may be needed. If you trip and fall due to a dangerous condition, an expert can be useful to prove that the condition is dangerous and caused your fall.

Dangerous conditions in public places include high or irregularly placed steps, uneven sidewalks, potholes, improper drainage, or collapsing decks and railings. An expert professional engineer helps investigate claims by visiting the site of your accident, and inspecting the conditions that caused your fall. At the time of trial, this expert will testify that those conditions were dangerous. This helps us prove your case by demonstrating how the owner was negligent in constructing or maintaining their property.

Expert engineers take photographs and measurements to determine the exact specifications of the condition that caused your fall. They then apply safety standards, such as the Building Code of the State of New York, or the Property Maintenance Code, to show that the owner failed to construct or maintain their property correctly.

The attorneys at Maynard O’Connor have working relationships with the experts needed to win trip and fall cases. Please call the personal injury attorneys at Maynard, O’Connor to discuss your claim in a free consultation.

Interested in learning more about how expert proof is used in personal injury cases? Read:

Firm Successful in Trip and Fall Claim

Posted on: May 19th, 2014

The firm was recently successful in prosecution of a claim against a resort in Greene County.

As the plaintiff was preparing to cross the road, from the resort’s parking lot to main building, she stumbled into a depression in the parking lot that had been caused by cracked and broken pavement. As a result, she sustained a significant fracture of her foot and ankle. The firm maintained that the resort had actual or constructive notice of the dangerous condition, particularly in light of the extent of the deterioration. The firm also maintained that the area was poorly lit, which only enhanced the dangers of the condition.

Rather than defending the case, the resort’s carrier ultimately agreed to settle the claim, without the need to proceed with formal litigation.

If you or a loved one have been injured due to defective and dangerous conditions on another’s property, you may be entitled to compensation. Please call the personal injury attorneys at Maynard, O’Connor to discuss your claim in a free consultation.

(800) 721-3553

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