As winter fades in New York, the risk of slip and fall injuries remains
In cities such as New York, the problems associated with slip and fall accidents are often compounded by the weather, particularly this time of year when snow and slush can be tracked almost anywhere.
March 14, 2014
As winter fades in New York, the risk of slip and fall injuries remainsArticle provided by Lozner & Mastropietro
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According to the National Safety Council, roughly 8.9 million emergency rooms visits each year can be attributed to falls - making it the leading cause of unintentional injuries in the U.S. Unfortunately, not only are slip and fall accidents common but potentially severe, with injuries ranging from mere bruises and sprains to broken bones and head wounds.
Sadly, in cities such as New York, the problems associated with slip and fall accidents are further compounded by the weather, particularly this time of year when snow and slush can be tracked almost anywhere - including in stores and supermarkets. However, when an individual is injured in a New York slip and fall accident inside of a store or similar business, it is possible, depending on the circumstances, that the storeowner may be liable for any resulting injuries.
Slip and fall liability in New York
Essentially, legal accountability for slip and fall accidents is governed by an area of the law known as premises liability. Importantly, under New York premises liability law, a storeowner is charged with the duty of maintaining its stores in a reasonably safe condition for its customers. Consequently, if a storeowner creates a dangerous condition within the store, it may be liable for any injuries the condition causes.
Alternatively, even if the storeowner does not create the dangerous condition, it may still face liability if it knows about the condition and does not rectify it before a customer is injured. Indeed, even in the absence of direct knowledge of the danger, liability may still attach if the storeowner should have discovered the hazard through reasonable inspections. For instance, if an aisle within a grocery store is slippery due to a spill, and the liquid sits there for some time, the storeowner may be liable if a customer eventually slips on the fluid and is injured.
New York sidewalk slip and fall accidents
Obviously, slip and fall injuries are not always confined indoors. In fact, countless New Yorkers suffer slip and fall accidents on sidewalks every year. However, if a sidewalk abuts a business, New York City law conveys upon the storeowner the duty to maintain the sidewalk in a reasonably safe condition, including fixing any defect and removing any snow and ice that may accumulate on the sidewalk. If a storeowner fails to adhere to this duty, it may be liable for any resulting injury.
Ultimately, liability for slip and fall accidents is heavily dependent upon the facts specific to each circumstance, and thus must be evaluated on a case by case basis. Accordingly, if you have suffered a slip and fall injury while shopping or walking on a New York sidewalk, it is often best to seek the counsel of an experienced personal injury attorney. A skilled attorney can help investigate the cause of your accident and assist in protecting your rights.