New York Slip and Fall Attorney

At Jeffrey Weiskopf, P.C., we dedicate our practice to helping individuals and families who have been impacted by slip and fall accidents in New York. These accidents can lead to severe injuries and, in the most tragic cases, wrongful death. If you or a loved one has suffered due to a slip and fall incident caused by another’s negligence, it is crucial to understand your rights and the legal actions you can take to pursue compensation. We are here to guide you through this process, offering personalized legal representation to ensure you receive the justice and financial recovery you deserve. Our office is conveniently located at 30 State St, Suite 2B, Ossining, NY 10562, and you can reach us for a free consultation at 914-350-5175.

Understanding New York’s Personal Injury Laws and slip and fall Accidents is crucial for anyone affected by these incidents. It’s important to know your rights and the legal steps you can take to pursue financial compensation.

Slip and fall accidents happen when a person is injured due to unsafe conditions on another’s property. These accidents are governed by New York’s personal injury laws, which hold property owners and managers responsible for maintaining safe premises. When the property owner fails to do so, they could be held liable for injuries resulting from hazardous conditions. Common examples of dangerous conditions include wet floors, uneven walkways, poorly maintained stairs, and inadequate lighting.

In New York, property owners have a duty of care to ensure their premises are safe for visitors, customers, or tenants. When they neglect this duty, and an injury occurs, the victim has the legal right to seek monetary compensation for their injuries. Understanding the legal principles of negligence and liability is critical in slip and fall cases, as it forms the foundation for proving that the property owner’s failure to address hazardous conditions directly led to your injuries.

New York Slip and Fall Injury Statutes

New York has specific statutes that govern personal injury claims, including those related to slip and fall incidents. These laws establish the rights of individuals to seek financial compensation for injuries caused by another party’s negligence. The statute of limitations is one of the most important aspects of New York personal injury law. 

In general, you have three years from the date of the injury to file a lawsuit for a slip and fall injury. However, the time frame for filing a wrongful death claim is shorter—only two years from the date of death. These deadlines are critical because failing to file within the designated time period will likely result in losing your right to pursue a claim.

In some cases, exceptions to the statute of limitations may apply. For instance, if the injured party is a minor or legally incapacitated, the filing deadline may be extended. It’s essential to consult with us as soon as possible after an accident to ensure that your claim is filed in a timely manner and that no deadlines are missed.

Burden of Proof in New York Slip and Fall Injury Claims

In slip and fall injury cases, the burden of proof lies with you, the plaintiff. It’s your responsibility to demonstrate that the property owner’s negligence caused your injury. To establish a successful claim, several key elements must be proven:

 

  1. Duty of Care: The property manager or owner owed you a duty to maintain a safe environment. This duty of care applies to all lawful visitors on the property.
  2. Breach of Duty: You must show that the property owner breached this duty by failing to fix or warn of dangerous conditions that they knew, or should have known, existed.
  3. Causation: It must be proven that this breach of duty directly caused your injury. This means showing a clear link between the hazardous condition and your accident.
  4. Damages: Finally, you need to establish that you suffered damages—whether physical, emotional, or financial—as a result of the accident.
 

Proving these elements requires thorough documentation and evidence, such as photographs of the accident scene, detailed medical records, and witness testimony. At Jeffrey Weiskopf, P.C., we leave no stone unturned in gathering the necessary evidence to build a strong case on your behalf.

Types of Slip and Fall Accidents

Slip and fall accidents can happen in a variety of settings and under different circumstances. The most common types of slip and fall incidents we handle include:

  • Slippery Surfaces: Spills, rain, snow, or ice that haven’t been properly cleaned up or treated can cause someone to slip and fall.
  • Uneven Floors: Cracked or uneven flooring, broken steps, or loose tiles can result in falls, especially when these hazards are not adequately marked or repaired.
  • Inadequate Lighting: Poor lighting can obscure potential dangers, making it more likely for someone to trip or fall in dimly lit areas such as stairwells, hallways, or parking lots.
  • Obstructions: Objects left in walkways or aisles can lead to tripping accidents, particularly in stores or public spaces where foot traffic is heavy.
 

These types of accidents commonly occur in commercial properties like stores, restaurants, and hotels, as well as in apartment complexes, public spaces, and even private residences. Regardless of where the incident occurs, property owners have a responsibility to address these hazards promptly.

The Slip and Fall Claims Process

When you choose to pursue a slip and fall claim, it is important to understand the steps involved in the legal process. 

 

  • Initial Consultation: During our first meeting, we will discuss the details of your accident and injuries. This is an opportunity for us to review your case and provide guidance on your legal options, all at no cost to you.
  • Investigation: Once we take on your case, we begin by conducting a thorough investigation. This includes collecting evidence such as medical records, photographs of the scene, accident reports, and witness statements. We may also consult with experts to strengthen your claim.
  • Filing a Lawsuit: If the evidence supports a strong case, we will file a lawsuit on your behalf in New York State or Federal Court, depending on the circumstances of your accident.
  • Pre-Trial Procedures: Before the case goes to trial, we engage in pre-trial procedures, which may include mediation, negotiation with the opposing party, and discovery—where both sides exchange information and gather further evidence.
  • Trial Phase: If a settlement cannot be reached, the slip and fall injury case will proceed to trial, where we will present your case to a judge or jury. We will argue your case, call witnesses, and submit evidence to prove that the property owner’s negligence caused your injuries.
  • Appeals Process: In the event of an unfavorable trial outcome, there may be grounds for appeal, which we will discuss with you in detail if necessary.

Statute of Limitations for Slip and Fall Accidents and Wrongful Death Claims

New York’s statute of limitations is a critical aspect of filing a personal injury or wrongful death claim. In New York, victims of slip and fall accidents generally have three years from the date of the injury to file a personal injury lawsuit. 

If a slip and fall results in a fatality, the family of the deceased has two years to file a wrongful death claim. Missing these deadlines can result in the loss of your right to seek compensation, which is why it is vital to act promptly and consult with our firm early in the process.

Why Choose Our Law Firm

Slip and fall injury cases can be complicated, especially when it comes to proving negligence. That’s why it’s important to contact an attorney with experience handling these types of claims. At Jeffrey Weiskopf, P.C., we offer compassionate legal support to individuals and families who have been impacted by these accidents. We understand how devastating a serious injury can be, and we are committed to ensuring that those responsible for maintaining unsafe conditions are held accountable.

If you or a loved one has suffered injuries or passed away due to a slip and fall accident, we are here to help. Our firm offers free consultations to discuss your case and explore your legal options without any obligation.

Why You Need an Attorney Experienced in Slip and Fall Injury and Wrongful Death Claims

Slip and fall cases often involve complex issues of liability, and it can be difficult for victims to pursue compensation on their own successfully. Insurance companies frequently attempt to minimize payouts, and without an attorney, you may not receive the full amount you are entitled to. Our legal professionals are skilled at negotiating with insurance companies and, when necessary, taking cases to trial to ensure that our clients receive the economic compensation they need to cover medical expenses, lost wages, and pain and suffering.

Having an attorney who understands the intricacies of slip and fall claims, wrongful death, and personal injury lawsuits is critical to achieving a favorable outcome. We are dedicated to securing justice for our clients and ensuring that they are treated fairly throughout the legal process.

Types of Compensation You Can Pursue in Slip and Fall Cases

Victims of slip and fall accidents could be entitled to receive various types of compensation, depending on the nature and severity of their injuries. 

  • Economic Damages: These include financial compensation for medical expenses, rehabilitation costs, lost wages due to time away from work, and any future income you may lose as a result of long-term or permanent disability.
  • Non-Economic Damages: Compensation for the pain and suffering you have endured, as well as emotional distress and loss of enjoyment of life, may also be awarded.
  • Wrongful Death Compensation: If a slip and fall accident results in death, the victim’s family may pursue compensation for funeral expenses, loss of financial support, and loss of companionship.

Why Retain Jeffrey Weiskopf, P.C.

At Jeffrey Weiskopf, P.C., we have years of experience handling slip and fall injury cases, and we are committed to securing the compensation our clients deserve. Jeffrey Weiskopf’s background as a seasoned trial lawyer and negotiator gives us a strong foundation to advocate for our clients both inside and outside the courtroom. We provide personalized attention to each case, ensuring that every client receives the support and guidance they need to feel confident throughout the legal process.

We invite you to contact us today for a free consultation at 914-350-5175 to discuss your slip and fall injury claim. Our office is located at 30 State St Suite 2B, Ossining, NY 10562, and we are here to assist you every step of the way.

Contact Our New York Slip And Fall Attorney For Exceptional Representation

If you or a loved one has been involved in a slip and fall accident, do not wait to seek legal advice. The sooner you consult with us, the better your chances of securing the financial compensation your case deserves. Contact Jeffrey Weiskopf, P.C. at 914-350-5175 today to schedule your free consultation. We are here to help you take the first step toward recovery and justice.

New York Slip and Fall Injury Frequently Asked Questions (FAQs)

After a slip and fall accident, your safety and health should be the top priority. Seek medical attention right away, even if your injuries seem minor at first. Some injuries may not be immediately apparent and could worsen over time. 

After addressing your medical needs, it’s important to report the incident to the property owner or manager and document the conditions that led to your fall. If possible, take photographs of hazardous conditions, such as wet floors, uneven pavement, or poor lighting. Collect contact information from any witnesses and keep a record of all medical treatments and expenses related to the accident. Finally, contact us for a free consultation to discuss your legal options.

To prove that the property owner is liable for your slip and fall injury, we need to demonstrate that the property owner or manager failed to maintain a safe environment. This requires showing that they either knew or should have known about the hazardous condition that caused your accident but did not take reasonable steps to fix it or warn visitors about it. We will gather evidence such as photographs, maintenance records, surveillance footage, witness testimony, and expert opinions to support your claim.

Yes, you may still be able to file a slip-and-fall lawsuit even if you were partially at fault for the incident. New York follows a comparative negligence rule, and this means that your economic compensation may be reduced by the percentage of fault assigned to you. For example, if you were found to be 30% at fault for the accident and your damages were valued at $100,000, your compensation would be reduced to $70,000. We will work to minimize your level of fault and ensure that you receive just and fair economic compensation for your injuries.

The timeline for resolving a slip and fall case varies depending on several factors, including the complexity of the case, the severity of your injuries, and whether the case can be settled out of court or requires a trial. Some cases may be resolved in a matter of months, while others may take a year or more, especially if they go to trial. Throughout the process, we will keep you informed of developments and work diligently to resolve your injury case as efficiently as possible while ensuring that you receive the financial compensation your case deserves.

Compensation in a slip and fall case typically includes both economic and non-economic damages. Economic damages cover tangible costs such as medical expenses, rehabilitation, lost wages, and future lost earning capacity if your injury affects your ability to work. Non-economic damages address the pain and suffering, emotional distress, and loss of enjoyment of life that you experience as a result of your injuries. In cases where a slip-and-fall accident leads to wrongful death, compensation may also include funeral expenses, loss of companionship, and loss of financial support for the family.

Property owners have a legal obligation to regularly inspect and maintain their premises to ensure safety for visitors. Even if the property owner claims they were unaware of the hazardous condition, they can still be held liable if it can be shown that they should have known about the danger through reasonable inspections. We will investigate the circumstances of your accident and work to demonstrate that the property owner failed in their duty to maintain a safe environment.

In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. It’s important to act promptly because missing this deadline will likely prevent you from pursuing a claim. If you have lost a loved one due to a slip and fall accident, we encourage you to contact us as soon as possible so we can begin the process of seeking justice and compensation on your behalf.

At Jeffrey Weiskopf, P.C., we work on a contingency fee basis for slip and fall cases, which means you don’t pay any upfront legal fees. We only get paid if we successfully recover compensation for you. During your free consultation, I will explain our fee structure in detail so there are no surprises. Our priority is helping you secure the monetary compensation you deserve without adding financial stress during an already difficult time.