new york slip and fall attorney Archives - Hoffmaier & Hoffmaier P.C.

Do Hazard Floor Signs Absolve The Store Owner Of Any Slip And Fall Accident Liability?

December 4, 2019 By admin

You’ve probably seen them when you’re doing your shopping or in a public area. The ubiquitous “orange cones” that tell you to be careful of a nearby hazard. Placed on floors for a number of reasons, the sign is there to warn you of a danger that could cause you to slip and fall or otherwise get hurt.

Do Hazard Floor Signs Absolve Greenwich Village Store Owners Of Any Slip And Fall Liability?

The floor could have been freshly mopped after a spill, and an employee placed the sign to warn shoppers about the wet floor. But if the floor is dry, you may be wondering why it was still there.

Does it mean the store isn’t responsible for injuries if there is a sign on the floor?

Duty And Standard Of Care

Owners, managers and employees of shops are required to keep their business safe for visitors, employees, and others who may have a reason to be there. Should a hazard arise, such as a spill, they are required to either remedy the situation or put up signage that warns of the hazard, such as the orange cones. If the owner, manager, or employees neglected to either warn invited visitors of a dangerous condition, remedy or repair it, they can be held liable for your injuries.

The store is liable for a slip and fall if they were negligent, and if your injuries were caused as a direct result of the negligence, such as not clearing a floor of liquid or debris or putting up the signs in a timely manner.

As an injured plaintiff, your job will be to prove that the other party was negligent, and that they knew or should have known about the hazard so that they could put up a warning sign. The longer the hazard existed without the benefit of a warning, the more likely you’ll be able to prove the store’s negligence.

Responsibility In A Slip and Fall Accident

A warning sign is intended to let everyone who enters know that there is a hazard nearby, and to be careful. While most stores put up a sign whenever there is a problem or hazard, some hazards may be so obvious that a sign may not be necessary. It’s up to the store’s employees or managers to determine the need. However, just putting up floor signs isn’t enough to completely absolve a store owner of negligence and/or liability.

The responsibility for the sign lies with the individuals in control of the property or business once they discover the hazard. Depending on the nature of the hazard, the next step is to correct it. For instance, the slick floor can be quickly remedied by an employee or two with a mop after the store erects a sign.

But for a hazard that requires more to correct, such as a leaking air conditioner, refrigeration, or freezer unit, the sign will also need to be accompanied by regular mopping and a call to a repair company. If the store simply put up the sign and never bothered to get the unit repaired, the sign becomes superfluous, and doesn’t actually serve a purpose.

Warning signs are effective only if they notify visitors that there is a danger they need to be aware of. If a sign is too small, isn’t readable, or isn’t in an obvious place that notifies visitors of the danger, it wouldn’t be sufficient to make them aware. If someone is injured as a result of inadequate signage, the owner may still be liable for any slip-and-fall injuries that result from the hazard, because the visitor was not sufficiently notified of the hazard in the area.

Hoffmaier & Hoffmaier—A New York Slip And Fall Accident Law Firm

Slip and fall accidents can happen anywhere in New York City, any time, especially in the winter months with ice, snow, and freezing rain.

After a slip and fall, you may need legal help while recovering from your injuries. Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping New Yorkers recover from injuries. Our contingency fee arrangement means we don’t get paid until you are, whether we settle your case or take it to court.

What’s The Average Settlement For A Slip And Fall Accident In New York City?

February 10, 2019 By admin

After the initial shock of slipping and falling is over, and you’re home from the hospital recuperating, talking to a slip and fall lawyer may be next on your to-do list.

caution slippery floor sign to prevent slip and fall accidents

Considering the pain you’re in, the lost work and wages, and the time you’ll be recuperating at home, you may be thinking about money. How much money you’ll be able to get to take care of the bills that are stacking up while you can’t work. And if you’ll have enough to take care of yourself if you’re out of work a long time, or even unable to return to work.

New York Premises Liability

A slip and fall case comes under premises liability law, which governs negligence and liability for accidents on property, both private and public. New York City taxpayers paid out over $506M in 2012 for over 5,200 various slip-and-fall accidents in the city. By 2014, that figure became $706M.

Having a slip and fall accident means that someone’s negligence caused your injuries. Whether it’s a grocery store with a wet floor, a broken sidewalk, stairs missing a handrail, or other dangerous hazards, someone failed to correct a dangerous condition or warn visitors that the condition existed.

One of the most important parts of your case is proving that the owner, manager and/or employee knew, or should have known, that the condition existed, so they could take corrective action. Because the condition was not corrected, causing your slip and fall and your injuries, they may be responsible for your injuries and restitution damages to correct it.

The “clock” of the statute of limitations begins ticking on the day of your accident. You’ll have three years after the date of the accident to file a claim. After the three years, your claim will be dismissed.

Putting A Price Tag On Your Slip and Fall Case

The first thing you need to remember is that every slip and fall case is different—even one that’s “just like yours.” If a friend or relative tells you about their slip and fall case and the dollar amount they received, it’s not necessarily an indicator of any potential settlement you might receive.

Settlement damages usually consist of:

Medical expenses
Lost wages, which can include:
- Loss of earning capacity
- Loss of future earnings
Pain & Suffering, and other punitive damages
Other damages as indicated

A number of factors come into play when calculating the settlement you might receive, such as age and prognosis for recovery. For instance, if you’ve suffered a broken leg, you’ll likely recover and be able to eventually return to work. But if your injuries include a condition that ends your working life, such as paralysis or other permanent injuries, your settlement will reflect the additional amount of money you need to take care of yourself and eventually apply for disability.

Your slip and fall attorney will perform an analysis of your case before considering any valuation. This analysis will include your age, occupation, prognosis, and lifestyle, and how these factors will influence your case. Once he or she has a better understanding of your case, they will be able to give you an idea of how much you may expect to receive whether you settle out of court or go through a jury trial.

You can read more about a hypothetical example of a slip and fall case in New York.

Need Help? Hoffmaier & Hoffmaier has been helping injured New Yorkers with slip & fall cases for over 25 years. Call us at (212) 777-9400, or contact us online. We’ll schedule your free consultation, and let you know how we can help you. There’s no fee unless we win your case. We’ll fight for your rights and get you the settlement.

What Kind of Compensation Can You Get for a New York City Slip and Fall Accident?

August 14, 2018 By admin

Only one thing is for sure in a slip-and-fall case: slip and fall liability is often hard to establish. However, when taking the right steps and acting early, this kind of case can result in significant payouts for the injured client. In the State of New York, slip and fall accidents rarely go to trial, so the goal is always to get the settlement you deserve before trial costs and time become an issue.

What Kind of Compensation Can You Get for a New York City Slip and Fall Accident?

Factors for Compensation

Compensation can vary depending on a wide variety of factors so it’s important to contact a quality lawyer that can really pinpoint the best course of action for your case. Some things that will affect your case are as follows:

1. The severity of your injury or injuries: Typically, payouts will be larger for more significant injuries, especially if the injuries will cause future discomfort or further health concerns.

2. Medical costs: The higher your medical costs, the more compensation you’ll need to request. Conversely, if a client’s medical costs are low, the defendant may argue that injuries were not a major concern at all.

3. Location of slip-and-fall: Was the slip and fall accident on personal or public property? Has anyone else had a similar issue in or around that same location? These will be two important factors for your compensation.

4. Negligence: If your legal team can prove negligence on the defendant, you may receive a higher compensation. For example, if a client fell on a patch of ice that had been subject to slips before, that defendant could be found negligible for not taking care of the ice in some manner.

5. Proof: Clients who suffer slip and fall accidents can and will continue to be compensated, but those that can prove their fall will usually receive a more appropriate sum. Any witnesses or video proof will likely increase the compensation offer.

Compensation in New York

There have been countless slip and fall accidents in New York over the years, and the resulting settlements have been far and wide. In well-documented cases, clients have received $1-2 million settlements for serious injuries incurred during a slip-and-fall situation. On the other hand, some slip and fall cases result in little or no settlement, often a $1,000 or less to recover expenses for medical bills, etc.

The best way to receive adequate compensation for your slip-and-fall accident is to contact a successful and experienced lawyer. Personal injury legal teams can make sure that you take all the right steps towards recovery and reconciliation, helping you get the money and time that you deserve after the trauma you have experienced.

New York Personal Injury Lawyers

If you are ever unfortunate enough to be injured in an accident, you need quality help sooner than later. The team at Hoffmaier & Hoffmaier having been helping New York citizens in these kinds of accidents and injuries for decades and are always interested in taking on new cases with one goal in mind: helping the client get what they deserve. For help with your slip-and-fall injury, contact us today and we’ll make sure you get started on the right path. Call us now at (212) 777-9400 for a free consultation.