COVID-19 UPDATE: In spite of the pandemic, our office remains open and our hours are the same. Please call us today so we can best accommodate you. We hope you and your family stay and remain safe.
Serious Injuries Require
Below are attorney Ira Perlman’s answers to questions on slip-and-fall accidents. For more information, schedule a free initial consultation. Get the information and legal answers you’re seeking by calling 212-668-0100 today.
Ira Perlman: Unfortunately, many slip-and-fall accidents occur outside on the public way or on sidewalks around the city. This is because, unfortunately, various owners and other responsible parties fail to maintain sidewalks after inclement weather. These accidents can occur inside due to dirty, oily or greasy floors that create wet and slippery conditions.
Many situations can give rise to slip-and-fall accidents. These occur most readily when icy conditions are prevalent outside and the responsible parties are not taking care of the exterior of their property. Notwithstanding full knowledge of these dangerous conditions, they don’t put down salt, sand or anything else to prevent slip-and-fall accidents.
Ira Perlman: A slip-and-fall accident can occur on ice, grease, or oil on the ground surface or a floor, both inside and outside someone’s property. Other foreign substances can give rise to a slip and fall as well. In a supermarket, for instance, a spillage of some sort, such as salad dressing, detergent or soda could create a slip-and-fall accident if there is a failure to clean it up. If the personnel responsible for maintaining the location do not follow their own required rules and procedures and hazardous conditions are allowed to remain unattended, these could give rise to very unfortunate circumstances for an unsuspecting patron.
Ira Perlman: A person would absolutely need a lawyer because, unfortunately, the insurance companies that insure stores, companies, businesses, buildings and other properties involved where an accident occurred will rarely ever offer or pay a victim what he or she is entitled to in terms of full and fair money damages for injuries, harm and other losses suffered.
A person would be under a great misconception to think he or she could navigate settling or adjudicating a slip-and-fall claim without a lawyer, because these cases and claims are often complicated. Even when lawyers who handle these cases routinely on a monthly and yearly basis are involved, the insurance companies still put up a fight and delay any opportunity to settle the case for a fair sum of money until they are often compelled to do so at the end of the litigation.
Ira Perlman: The most important step is to take a picture or a photograph, whether with a cellphone or a camera, of the condition that gave rise to the slip-and-fall accident. This is because, firstly, a picture will obviously speak a thousand words, and secondly, these conditions are usually cleaned up after the accident. Once somebody finds there has been an accident, they take the steps to clean the condition quickly and timely – what they should have done prior to the accident.
Once they have cleaned it, there won’t be any evidence other than the victim’s own word or testimony. Juries have a responsibility to weigh everybody’s testimony. Without objective proof of the condition on the premises, the jury will go on the person’s word, which is sometimes difficult to prove if a victim is not articulate, not likeable or doesn’t come over well.
Secondly, the victim needs to report the accident immediately to somebody at the location who has a responsibility to maintain and operate that area. If that person is not available, the victim should call the police. A report should be made but is not fatal or required in order to make a claim or case.
Fields marked with an * are required
"*" indicates required fields
This website contains “attorney advertising”. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.
The web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome.
Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationships will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential.
If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire. Please fill out the contact form and we will respond to you.