Slip and Fall

Yes. Under New York law, you may still recover compensation for a slip and fall injury, even if you are found partially at fault. For example, you might have been briefly distracted when the accident occurred. However, if the property owner failed to repair broken steps or provide adequate lighting, they could still bear significant legal responsibility. As long as their negligence contributed to your injuries, you may be entitled to recover damages for medical expenses and other losses – but your compensation may be reduced in proportion to your share of the fault.   

A skilled slip and fall injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. will thoroughly investigate your claim, gather supporting evidence, and advocate for the lowest possible degree of fault to be assigned to you. Insurance companies often try to shift blame onto injured parties to limit their financial exposure and minimize payouts. If you or a loved one has been seriously injured on public or private property, contact us today for a free consultation. 

New York’s Pure Comparative Negligence Standard 

New York applies a pure comparative negligence rule in personal injury cases, including slip and falls. This standard holds each party accountable for their own share of the fault. If an injured person is found partially responsible for their fall, their compensation is reduced in proportion to their percentage of fault, but they are not barred from recovery. For example, if you are found 25 percent at fault and your total damages are $100,000, your recovery would be reduced to $75,000.  

To illustrate, a person who is shopping at a grocery store takes a second to check a text message. They don’t notice a large puddle in an aisle caused by a leaking refrigeration unit. The store had failed to place warning signs or clean up the spill, despite several employees walking past it for over an hour. In this scenario, the injured person may be found 25% percent at fault for not paying full attention, while the store bears the remaining 75% for failing to address a known hazard. 

Common Tactics Used to Shift Blame in Slip and Fall Cases 

Under New York law, property owners have a duty to maintain their premises in a reasonably safe condition. This includes regularly inspecting for hazards, making timely repairs, and posting clear warnings, such as “Wet Floor” signs, when immediate repairs aren’t possible. 

Despite this responsibility, defendants and insurance companies often attempt to shift blame onto the injured person to reduce or avoid liability. These tactics may involve claims that the victim acted carelessly or failed to take proper precautions, including: 

• Failing to heed clearly visible warning signs (e.g., cones or posted notices) 
• Making statements at the scene that suggest personal fault or responsibility 
• Being distracted at the time of the fall, such as using a cellphone 
• Wearing footwear considered unsafe or unsuitable for the conditions 
• Delaying notification of the incident to the property owner or manager 
• Failing to seek timely medical attention after the fall 

An experienced slip and fall attorney can challenge these claims by presenting evidence, clarifying the facts, and negotiating to minimize your share of fault. The lower your percentage of responsibility, the greater the potential recovery. 

Key Evidence in a Slip and Fall Claim 

Successful slip and fall claims often hinge on preserving evidence before it disappears. If you are physically able or can ask someone for help, take the following steps to strengthen your case: 

• Photographs of the hazard — Take clear photos of the dangerous condition that caused your fall, from multiple angles, because it can be quickly addressed or fixed after your accident. 
• Surveillance footage — Video evidence can be critical in a slip and fall case, but many systems delete footage within days. While you can ask the property owner to preserve it, a formal request from your attorney is often needed to ensure it’s not lost or destroyed. 
• Witness contact information — Get names and phone numbers of anyone who saw your fall or the hazardous condition. Their statements can support your version of events. 
• Incident report — Report the accident to the property owner or manager and request a written report. If they complete one, ask for a copy. 
• Prompt medical attention — Go to the ER or urgent care as soon as possible. Medical records will link your injuries to the fall and are essential for your claim. 
• Preserve clothing and footwear — Store the shoes and clothes you were wearing in paper bags. Do not wash or fix them. They are now key pieces of evidence. 

How We Can Help 

Our legal team takes immediate action to thoroughly investigate the conditions that caused your fall, e.g., preserving surveillance footage and reviewing property maintenance records. We focus on building a fact-driven case that challenges attempts to shift blame onto you by demonstrating how the property owner failed to uphold their duty of care. Through detailed evidence and legal analysis, we position your case for the strongest possible outcome under New York’s comparative negligence law. 

Contact a New York City Slip and Fall Lawyer  

If you were seriously injured in a slip and fall accident due to property owner negligence, consult an experienced personal injury lawyer in NYC at Friedman Levy Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. While most slip and fall claims are settled, we will litigate your case if the insurance company fails to agree to a fair settlement amount. Because we work on a contingency basis, you pay no fee unless you receive compensation for your losses.  

When a property owner lies or tries to cover up a slip and fall incident to avoid liability, it can make an already difficult situation even more stressful. If you find yourself in this position, it’s critical to act strategically. Preserving evidence, documenting your injuries, and consulting an experienced personal injury attorney are key steps to protecting your rights and building a strong claim.  

A slip and fall injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. knows the common tactics used by property owners and managers to avoid liability. Our team protects your rights while fighting for your right to receive the maximum compensation for your losses and damages. Schedule a free consultation today. 

Why Property Owners May Try to Cover Up Slip and Fall Accidents 

Property owners, especially in busy places like New York City, may attempt to conceal or deny a slip and fall accident to protect their own interests. Common reasons include: 

• Avoiding financial liability. Admitting fault can open the door to costly insurance claims or lawsuits. 
• Protecting their insurance premiums. Claims can lead to higher premiums or policy cancellations. 
• Hiding prior negligence. A cover-up may conceal a history of similar incidents or ignored safety issues. 
• Fear of code violations or fines. Unsafe property conditions may also violate building or safety codes. 
• Damage to business reputation. For commercial properties, acknowledging an accident can harm public trust and deter customers. 
• Lack of proper insurance coverage. Some property owners may not carry adequate liability insurance, fearing personal financial exposure. 

How Property Owners Tamper with Evidence 

While it’s reasonable for a property owner to address a hazard after a slip and fall, some go beyond necessary repairs and actively interfere with evidence to avoid liability. Tampering can take many forms, some subtle and others deliberate, and may significantly impact your ability to prove what happened. Recognizing these tactics is crucial to protecting your rights. 

Typical forms of evidence tampering include: 

• Erasing or editing surveillance footage. Deleting video recordings or “losing” camera angles that show the fall or the hazardous condition. 
• Altering or backdating incident reports. Changing the details of when, where, or how the fall occurred to shift blame or minimize their own negligence. 
• Falsifying cleaning or maintenance logs. Creating or modifying records to suggest the area was inspected or cleaned when it wasn’t. 
• Quickly removing or repairing the hazard before documentation. Fixing the hazard before it can be photographed or witnesses can verify what was there. 
• Discouraging or intimidating witnesses. Property owners or managers may discourage employees or bystanders from speaking about what they saw, especially if their testimony could support your claim. 
• Refusing to provide documentation. Denying access to incident reports or internal records that the injured person is legally allowed to request. 

If you suspect any of these actions, it’s important to speak with an attorney immediately. They can act quickly to preserve crucial evidence and prevent further interference. 

What to Do After a Slip and Fall to Protect Your Health and Rights 

If you’re physically able, begin documenting the scene immediately. Take clear photos and videos of the hazardous condition from multiple angles, including wide shots that show the location and close-ups of the specific hazard. If your injuries prevent you from doing this, ask a bystander or companion to help.  

Capturing this evidence at the time of the incident is crucial; it can confirm that the hazard existed and was the direct cause of your fall. Nearby surveillance cameras may have recorded the incident, but the property owner often controls this footage.  

However, because it may be deleted or withheld, it’s important to notify your attorney as soon as possible so they can take legal steps to preserve and request the video before it’s lost. Without your own documentation, it becomes easier for a property owner to falsely claim that no hazard existed or that your injuries occurred elsewhere. 

Other Steps to Take to Preserve Your Rights 

In the aftermath of a slip and fall, taking the following steps can help protect your legal claim: 

• Obtain witness information. Obtain the names and contact details of anyone who saw the fall or the conditions that caused it. Witnesses may also recall statements made by the property owner or manager at the scene, including any admissions of fault. 
• Report the incident promptly. Notify the property owner or manager as soon as possible and request an incident report. If they refuse or fail to provide a copy, make your own written record of when and how you reported the accident, and to whom. Taking these steps creates a paper trail that may be critical if the owner later denies the incident or misrepresents what happened. 
• Seek immediate medical attention. Even if your injuries appear minor, it is essential to get evaluated by a medical professional. Some injuries may not present symptoms right away. Medical documentation supports your recovery and creates a clear link between the fall and your injuries. 
• Preserve your clothing and footwear. Store the clothes and shoes you were wearing at the time of the accident in sealed paper bags in a cool, dry place. Do not wash or alter them. These items may serve as physical evidence to support your claim. 

Contact a New York City Slip and Fall Injury Lawyer  

If you were seriously hurt due to a property owner’s negligence, you need the services of an experienced personal injury lawyer in NYC at Friedman Levy Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.  

Most people are unprepared for how dramatically a serious fall can alter their mobility, daily living, independence, and financial stability. After a catastrophic fall, the victim may never again regain mobility. They may require assistance with the simplest tasks, such as eating, dressing, and maintaining basic hygiene, as well as the financial burden of long-term care. If that fall occurred due to a property owner’s negligence, the victim can file a premises liability lawsuit against the at-fault parties.  

An NYC slip and fall attorney at Friedman, Levy, Goldfarb, Green & Bagley can assess your long-term care needs based on expert medical testimony, the severity of your injuries, prognosis for recovery, and recommendations from treating physicians and care planners. They will also fight to secure the full compensation you deserve to cover those long-term care needs. Schedule a free consultation today. 

Common NYC Long-term Slip and Fall Care Needs  

Some individuals who suffer severe injuries in slip and fall accidents may require long-term or permanent care in nursing facilities. Others may benefit from assisted living arrangements. For example, spinal cord injuries can result in loss of mobility, which often necessitates 24-hour caregiving and medical support.  

Common long-term care needs for those severely injured in a slip and fall include: 

• Assistive Devices: Wheelchairs, walkers, crutches, mobility scooters, and specialized medical equipment to support daily living. 
• Home Health Aides: In-home caregivers to assist with bathing, dressing, medication management, and mobility support. 
• Home and Vehicle Modifications: Installation of ramps, stair lifts, grab bars, and widened doorways for wheelchair access. 
• Pain Management: Ongoing treatment plans involving medication, injections, physical interventions, or alternative therapies to manage chronic pain. 
• Physical Therapy: Targeted exercises and treatments to improve strength, mobility, balance, and function over time. 
• Rehabilitation Services: Comprehensive inpatient or outpatient programs focused on recovery from neurological, orthopedic, or cognitive impairments. 
• Psychological Support: Counseling or psychiatric care to address trauma, depression, anxiety, or adjustment disorders related to the injury. 
• Medical Monitoring and Follow-Up: Ongoing evaluations and care plans coordinated by a team of healthcare providers. 

Understanding the full scope of long-term care needs after a serious slip and fall injury is essential, not just for recovery but for securing the compensation necessary to cover those ongoing costs. 

How Long-Term Care Needs Affect Case Value 

Compensation in a personal injury claim is closely tied to the severity of the injury. As noted above, when a plaintiff requires long-term care, the value of the case typically increases due to higher medical costs, extended recovery time, and ongoing support needs. 

For individuals facing long-term care, both the value and urgency of the claim rise. These are highly vulnerable individuals who need timely financial support to access critical services. 

New York City is home to some of the nation’s leading spinal cord and traumatic brain injury programs. While these services offer exceptional care, they also come with substantial costs. Our team understands how to assess the true value of your claim and will advocate for full compensation based on your needs. 

New York Fall Injury Compensation 

When a slip and fall results in life-changing injuries, compensation in a New York personal injury claim must reflect the full scope of long-term consequences, not just immediate treatment. 

Recoverable damages may include: 

• Medical and Long-Term Care Expenses: Costs associated with hospitalization, surgery, rehabilitation, nursing home care, assisted living, in-home caregivers, medical equipment, home modification, and future medical treatment over a lifetime. 
• Lost Wages: Income lost during extended recovery periods or prolonged absences from work due to hospitalization, rehabilitation, or ongoing medical care. 
• Loss of Future Earnings and Earning Capacity: Compensation for the permanent inability to return to work or to earn at the same level as before the injury, particularly when injuries result in disability or dependence on long-term care. 
• Pain and Suffering: Consideration of the ongoing physical pain and limitations caused by the injury. 
• Emotional Distress: Recognition of the psychological toll of losing independence, mobility, or quality of life following a serious fall. 

Our Case Results  

Friedman, Levy, Goldfarb, Green & Bagley, P.C., is one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients. The Law Firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation.  

Our successful case results include: 

• $5,000,000 Settlement — Piece of Building Strikes Pedestrian, Manhattan 
• $3,167,000 Settlement — Bridge Painter Falls From Broken Scaffold, Queens 
• $2,100,000 Jury Verdict — Trip and Fall Accident, Brooklyn 

Our team keeps you fully informed about the progress of your case. Meet our attorneys to learn more about the experience and qualifications of the professionals who will be handling your case. 

Contact a New York Premises Liability Lawyer 

If you or a family member suffered catastrophic injuries from a slip and fall due to property owner negligence, you need the services of an experienced New York premises liability lawyer.  

Schedule a free, no-obligation consultation today. Since we work on a contingency basis, there are no upfront legal fees. While many cases are settled, we will take your case to trial if the insurer refuses to agree to a reasonable settlement amount.  

There are many slip and fall hazards during winter in New York. If you’ve slipped and fallen on an icy sidewalk in areas like Midtown Manhattan, Fordham in the Bronx, Downtown Brooklyn, or Astoria in Queens, 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. 

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

Take Action Immediately After Your Fall

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. 

If you’ve been hurt in a fall on an icy sidewalk in anywhere in NYC, follow these steps:

• Seek Medical Attention First
  Your health is the top priority. Whether you hit your head or braced your fall with your wrists, even minor injuries can become serious. See a doctor, document swelling or bruising, and follow their care plan. Prompt medical records support your claim.
• Document the Scene
  Take photos of the icy conditions, uncleared snow, or slush. In neighborhoods like Bay Ridge or East New York, black ice is especially dangerous. If you’re unable to take photos, ask bystanders or passersby to help you capture evidence and share their contact info.
• Report the Incident
  If your fall happened on public property, like outside a subway entrance or in a municipal parking lot, notify the appropriate agency. Creating a written report strengthens your legal case.

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.