Were you injured in a slip and fall accident in New York? At Hurwitz, Whitcher & Molloy, we provide slip and fall representation on a contingency basis, and you pay no attorney fees unless we recover compensation for you.
If you fell on someone else’s property in New York, you may be dealing with a fracture or head injury, time away from work, and general uncertainty about what to do next. You may also have been asked for a statement before you know the full extent of your injuries. Hurwitz, Whitcher & Molloy has represented injured New Yorkers since 1970. Our New York slip and fall lawyer investigates how the hazard came to exist, who was responsible for correcting it, and what your injuries have cost you. Contact our office to schedule a free consultation.
Slip and Fall Lawyer New York
Our New York slip and fall lawyer represents people who are injured by a dangerous condition on property that another person or business controls. The legal claim is called premises liability. It depends on negligence, which means the injured person must show that the owner or occupant failed to keep the property reasonably safe.
The New York State Department of Health reports that fall-related injuries are the leading cause of injury hospitalizations for adults 25 and older, and its fall injury statistics also identify falls as the leading cause of unintentional injury death for residents 45 and older. Not every fall supports a legal claim. Our New York slip and fall attorneys evaluate whether a property owner’s carelessness caused yours.
Types of Slip and Fall Cases We Handle in New York
Falls happen in stores, apartment buildings, parking lots, and public spaces, and each setting raises different questions about who was responsible. Our New York slip and fall attorneys handle the following case types:
- Wet and slippery floors. Spills, tracked-in rain, and freshly mopped surfaces cause falls in supermarkets, restaurants, and office lobbies. We request cleaning logs and surveillance video to learn how long the condition was present.
- Snow and ice. Unshoveled walkways and refrozen meltwater cause winter falls across New York. Liability depends on who was responsible for clearing the area and how much time passed after the storm.
- Uneven sidewalks and pavement. Raised slabs, cracks, and potholes cause trips on sidewalks and in parking lots. When a municipality owns the surface, strict notice deadlines apply, and we address them first.
- Stairway falls. Broken steps, loose handrails, and worn treads cause falls that often result in fractures and head injuries. We photograph and measure the stairway before repairs are made.
- Poor lighting. Burned-out bulbs in stairwells, hallways, and parking garages hide hazards that a person would otherwise avoid. Maintenance records show how long the lighting was out.
- Falls in retail stores. Fallen merchandise, loose mats, and cluttered aisles injure shoppers. Our New York slip and fall attorney at our firm acts quickly to preserve the store’s video footage.
- Apartment and rental property falls. Landlords are responsible for common areas such as entrances, hallways, and stairs. Prior tenant complaints and repair records can show that the landlord knew about the defect.
- Construction accidents. Debris, open holes, and unfinished surfaces cause falls on job sites. An injured worker may have a workers’ compensation claim and a separate lawsuit, and we handle both.
- Wrongful death. A fall can be fatal, particularly for an older adult. The family may bring a claim for its financial losses, and we guide the estate’s representative through that process.
Why Choose Hurwitz, Whitcher & Molloy as My Slip and Fall Lawyer in New York?
An Attorney With Four Decades of New York Practice
Michael J. Whitcher handles our firm’s personal injury cases, including slip and fall claims. A Buffalo native, he was admitted to practice in New York in 1986 and has been with Hurwitz, Whitcher & Molloy since 1992. He earned his bachelor’s degree, magna cum laude, from the State University of New York at Buffalo and his law degree from the UB School of Law. He is a member of Phi Beta Kappa, the Bar Association of Erie County, and the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Our personal injury lawyer in New York also practices workers’ compensation law, which matters when a fall happens at work.
Contingency Fees and a Free Consultation
Our New York slip and fall lawyers handle these cases on a contingency basis. You pay no attorney fees unless we recover compensation for you. Our firm has helped thousands of clients since 1970, and the first consultation is free. Contact us now so we can begin learning more about your injury accident and what we can do next.
Understanding Slip and Fall Cases
Damages, Liability, and Compensation for Slip and Fall Cases
A property owner is not liable simply because someone fell. To prove liability, the injured person must show that a dangerous condition existed and that the owner created it, knew about it, or should have discovered it through reasonable care. Evidence of owner knowledge often comes from inspection records, prior complaints, and the condition itself. New York law allows recovery for both economic and non-economic losses.
- Medical expenses. This category includes emergency care, surgery, physical therapy, and treatment you will need in the future.
- Lost wages. You can recover income you have already lost and compensation for reduced earning capacity.
- Pain and suffering. Proof of pain and suffering damages relies on medical records, testimony, and the effect of the injury on daily life.
- Out-of-pocket costs. Transportation to appointments, medical equipment, and household help are recoverable when the injury made them necessary.
- Wrongful death damages. A family may recover its financial losses, including lost support and funeral expenses.
New York follows a pure comparative negligence rule. Under the comparative fault statute, your compensation is reduced by your percentage of fault, so a person found 30 percent responsible recovers 70 percent of the damages. Insurers often point to footwear, distraction, or warning signs to increase that percentage. Sharing fault does not bar a slip and fall claim, and our New York slip and fall lawyers can help pursue the maximum compensation.
What Are Important Aspects of a Slip and Fall Case?
Slip and fall claims depend on evidence that disappears quickly and on deadlines that vary with the defendant.
- The general deadline. The statute of limitations for a personal injury lawsuit in New York is three years from the date of the fall.
- Claims against municipalities. A fall on property owned by a city, town, county, or other public corporation requires a written notice of claim within 90 days. The lawsuit must also be filed sooner than the general deadline allows. These rules govern many sidewalk falls and pothole injury claims.
- Fatal falls. A wrongful death action must be filed within two years of the death.
- Evidence. Photographs of the hazard, the shoes you wore, incident reports, and witness names should be preserved. Surveillance video may be recorded over within days.
- Weather. Liability for snow and ice depends on weather records, the timing of the storm, and who had the duty to clear the area.
- Falls at work. A fall during your job is usually an on-the-job injury covered by workers’ compensation. A lawsuit may also exist against a property owner who is not your employer.
What Is the Slip and Fall Case Timeline?
The time needed to resolve a slip and fall claim ranges from a few months to several years. Injury severity and the insurer’s position on fault account for most of the difference.
- Medical treatment. You should get care immediately and follow your doctor’s instructions. Records created close to the date of the fall are strong evidence.
- Investigation. Our New York slip and fall lawyers identify the owner and any maintenance contractor, collect records, and document the scene.
- Notice. We notify the owner’s insurance carrier, and we serve a notice of claim when a public entity is involved.
- Demand and negotiation. We present a settlement demand once your doctors can describe your long-term condition.
- Lawsuit. If the insurer does not offer fair compensation, we file suit. Slip and fall lawsuits proceed through document exchange, depositions, and trial when necessary.
What Should You Bring to Your Slip and Fall Consultation?
The details of a fall fade quickly, so written and photographic records are valuable. You should bring anything that you have already collected.
- Photographs or video of the location and the hazard are the most useful items.
- An incident report from the store, landlord, or property manager helps establish notice.
- Medical records and bills document your injuries.
- The names and phone numbers of witnesses allow us to obtain statements.
- You should also bring any letters from an insurance company.
The consultation is free, and our New York slip and fall attorney can review the facts, identify the deadlines that apply, and tell you whether we believe you have a claim.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
Our New York slip and fall attorney at Hurwitz, Whitcher & Molloy can evaluate your claim at no cost, and you pay no attorney fees unless we recover compensation. Our phone line is answered 24 hours a day. Contact us to speak with our legal team today and schedule your consultation.