There are many slip and fall hazards during winter in New York. If you have slipped on an icy sidewalk, seek medical care, document the scene, report the accident, and follow the care plan of your treating physician. Property owners are responsible for installing, repairing, and maintaining sidewalks adjoining their properties. Liability may rest with, for example, the owner of a private residence on the Upper East Side or a local municipality, county, or state organization. Regardless of who is ultimately responsible, an injured person can almost always take legal action against the negligent party.
At Friedman Levy, trust that we are thoroughly familiar with city regulations and laws surrounding this type of accident. We are one of the premier personal injury law firms in New York City and are committed to seeking justice for our clients. Our law firm was founded on the principle that everyone is entitled to competent, trustworthy, and aggressive legal representation. Schedule a free consultation today. We are happy to answer your questions and assess your case.
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Seek Medical Attention Right Away
Your health should be your top priority, so seeing a doctor is essential. If possible, document your injuries with photos or videos. For instance, if you fell face first, you likely broke your fall with your hands. If you notice any swelling or discoloration in your wrist or fingers, document it. Further, even if your injuries seem minor, see a healthcare provider. Adrenaline floods the body and can mask pain, especially with a soft tissue injury. Your doctor will provide a treatment plan that will hasten your recovery and reduce the odds of it worsening. Once you are stabilized, contact an attorney.
Gather Evidence from the Fall
If you are physically able to do so, gathering evidence related to your fall is crucial to your claim. This means taking pictures of the surface that caused your fall. In winter, black ice is treacherous because it’s often impossible to discern. Nevertheless, images illustrating possible negligence, such as snow that hasn’t been shoveled and untreated ice in the immediate area, may prove important.
Since New York is such a busy city, enlist the help of passers-by if you find it difficult to do anything except wait for help to arrive. They can take pictures or videos with your phone. In addition, they may serve as witnesses, so be sure to get their contact information. It is also helpful to take note of any security cameras.
If the fall happens on public property, such as a parking lot, report it when possible. It creates a written record, which, along with your medical records, is crucial documentation that is hard to refute.
Follow Your Care Plan
It is not enough for you to see a doctor after a fall. To improve your health and the chances of a successful personal injury lawsuit, you should follow the treatment plan provided by your physician. It will increase your odds of a full recovery. If the doctor in the ER refers you to a specialist, e.g., an orthopedist, for a broken bone, be sure to make that appointment and save those records as well.
Following your treatment plan will also strengthen the case for your winter slip and fall accident lawyer. When you file a personal injury lawsuit, you have an obligation to mitigate your damages. For example, suppose you see a nurse practitioner at a local urgent care, and they recommend that you go to the ER because your injuries are too severe. In that case, you must heed this advice, as it is best for your health and demonstrates that you are doing your best to mitigate your damages.
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Establishing Negligence
To prove negligence in a slip and fall case, you must establish that a property owner or another party caused unsafe conditions and was aware of it but didn’t do anything to remedy it.
The legal burden rests on whether it can be established that a property owner failed to exercise reasonable care, although other entities may also bear some responsibility. Your attorney can investigate who could be potentially liable for your injuries. For example, a business owner in Midtown may have been aware that ice and snow have created hazardous conditions and subcontracted the work to a third party who failed to do their job.
Given the legal complexities in these matters, it is always wise to consult with an attorney who will know how to determine responsibility for clearing ice and snow from NYC sidewalks.
Schedule a Free Consultation with Friedman Levy
Friedman, Levy, Goldfarb, Green & Bagley, P.C., is a New York City-based law firm specializing in the areas of plaintiffs’ personal injury and medical malpractice law. Our highly talented, diverse, and congenial staff brings a wealth of experience to prosecute these cases successfully, and we are ready to help you.
Schedule a free consultation today to discuss your legal options with a winter slip and fall accident lawyer. Since we work on a contingency basis, we do not take any money from you unless and until we are successful in winning your case.
