A hip fracture from a slip and fall can be a life-altering injury. Recovery is often long and difficult; many victims face immobility for months, and some are left with permanent disability. We understand how overwhelming this time can be: medical bills continue to accumulate, and you may be unable to work while you heal. You shouldn’t have to face that burden alone.
Under New York premises liability law, property owners have a legal duty to keep their premises in good repair and in a reasonably safe condition. When they breach this duty, and someone is injured as a result, they can be held liable.
A slip and fall attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. will handle every aspect of your case, from negotiating with the defendant’s insurance company to pursuing the full compensation for your losses and damages, so you can focus on recovery.
Understanding Premises Liability in New York
Premises liability is the area of law that holds property owners accountable when hazardous conditions on their property cause injury to others. In New York, this duty extends to residential, commercial, and municipal property owners.
New York is also a pure comparative negligence state. This means that even if you are found partially at fault for your accident, you can still recover compensation, though your award may be reduced by your percentage of fault.
Given the complexity of premises liability claims, having an experienced attorney evaluate your case is essential to protecting your right to full and fair compensation.
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Types of Hip Fractures From a Slip and Fall
Hip fractures vary based on their location and severity. Common types include:
- Femoral neck fracture – The most frequent type, occurring 1 to 2 inches from the hip joint
- Intertrochanteric fracture – Occurs 3 to 4 inches from the hip joint, between the neck of the femur and a lower bony prominence.
- Subtrochanteric fracture – Occurs just below the lesser trochanter, further down the thighbone.
- Stress fracture – A small crack in the thighbone that may be more difficult to diagnose
- Displaced fracture – The bone breaks completely and shifts out of alignment, often requiring surgical repair
- Nondisplaced fracture – The bone cracks but remains properly aligned
Diagnosis often begins with a physical exam, as the position of the hip and leg can suggest a fracture, followed by X-ray confirmation. When a patient is still in significant pain despite a normal X-ray, doctors may order an MRI or CT scan to detect a hairline fracture that didn’t show up initially.
Potential Long-Term Impact of a Slip and Fall Hip Fracture in NYC
A hip fracture doesn’t always resolve fully, even with surgery and rehabilitation. Many patients never regain their full range of motion or the ability to walk without assistance, and chronic pain at the fracture site or in surrounding joints is common, particularly among older patients.
The injury can also mean a lasting loss of independence; some victims require ongoing help with daily activities, while others must move permanently into assisted living. For elderly patients, hip fractures are associated with a higher risk of serious complications, including blood clots and pneumonia, along with a reduced life expectancy.
Because these long-term consequences can be serious, compensation in a hip fracture case can be substantial. Insurance companies are aware of this and will often fight hard to minimize or deny a claim. A skilled attorney is essential to countering those tactics to pursue the recovery you need to rebuild your life.
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Common forms of property owner negligence that can lead to a slip and fall hip fracture include:
- Broken stairs. Cracked, warped, or crumbling steps can give way underfoot or cause a misstep, especially when treads are uneven in height or depth.
- Debris in walkways. Boxes, cords, merchandise, or other clutter left in pathways create tripping hazards, particularly in commercial and retail spaces.
- Inadequate lighting. Poorly lit stairwells, hallways, and parking areas make it difficult to see hazards like steps, spills, or uneven surfaces until it’s too late.
- Missing handrails. Without a secure handrail, there’s nothing to catch a fall on stairs, especially for elderly visitors or those with mobility issues.
- Torn carpeting. Frayed edges, bunching, or loose seams can catch a shoe and cause a sudden fall.
- Uneven flooring – Cracked sidewalks, warped floorboards, or unmarked changes in elevation can cause a misstep.
- Wet floors – Spills, recent mopping, or tracked-in rain and snow left unaddressed (or unmarked with warning signs) are among the most common slip hazards
Who Can Be Held Liable for a Slip and Fall Hip Fracture?
Liability for a slip and fall hip fracture isn’t always limited to a single party. Depending on the circumstances, one or more of the following may be responsible:
- Property owners.The party with the underlying duty to maintain safe premises under New York premises liability law
- Tenants or lessees. Businesses or individuals who lease the space may share responsibility for hazards within their control, depending on the lease terms.
- Property management companies. Companies hired to maintain the property can be liable if they failed to inspect, repair, or warn of known hazards.
- Contractors. Parties hired to perform repairs, cleaning, or maintenance may be liable if their negligent work created the hazard.
- Municipalities. When a hip fracture occurs on public property, such as a sidewalk or public building, the city or municipality may be held liable. However, claims against a municipality carry a much shorter filing deadline.
Determining liability often requires a thorough investigation, including surveillance footage, maintenance and inspection records, incident reports, and witness statements. An experienced attorney can gather and analyze this evidence to establish who is responsible and pursue claims against each liable party.
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Statute of Limitations for a Slip & Fall in NYC
Although the statute of limitations in New York for filing a slip and fall is generally three years from the accident date, do not wait to consult an attorney. It is vital to the outcome of your claim that an investigation starts right away, before valuable evidence is lost.
Contact a New York City Slip and Fall Hip Fracture Injury Attorney
Victims of slip and fall hip fractures in New York City caused by property owner negligence should consult an experienced personal injury lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. We proudly serve clients throughout the five boroughs, as well as Long Island, Westchester, Rockland, and the Hudson Valley. Since we work on a contingency basis, you pay no fee unless you receive compensation.
While most slip and fall claims are settled, we will take your case to trial if the insurance company fails to agree to a fair settlement amount.
