slip and fall accident attorney Archives - Hoffmaier & Hoffmaier P.C.

Help For A Restaurant Slip And Fall Accident In New York City

February 3, 2020 By admin

At any given time, there are more than 26,000 restaurants of any kind in New York City. Not all of them will be around six months to a year from now, but there is always a “new place in town” that serves up something different than the one you visited last week.

Getting Help For A Restaurant Slip And Fall Accident In A New York City

A night out should be fun. But after a restaurant slip and fall accident in New York City, a night out can turn into anything but enjoyable.

Restaurant Premises Liability

Any business that welcomes the public must exercise their duty of care to keep the place safe and clean for their visitors. This is especially true of restaurants.

By their very nature, restaurants can be a hazardous place to be. Water, drinks, food, and other substances may be dropped on the floor and a slip happens before anyone realizes that it’s there. Floors wet from mopping can also be dangerous to patrons and employees. Other floor-bound hazards, such as damaged furniture, obstructions, broken stairs, and other trip hazards can also cause slip and fall or trip and fall injuries.

The law surrounding this type of issue is called premises liability, and it requires owners, managers and employees to keep a restaurant (or any commercial premises) safe for all who enter. Restaurants are required to inspect their premises regularly, and correct any conditions that could be a problem for patrons. When owners, employees and/or managers fail to regularly inspect the restaurant for such issues, and allow a dangerous condition to continue, it can be considered negligence.

After The Fall

Most people expect to have a good meal in a NYC restaurant, take a few pictures for social media, and talk about it after they leave. No one expects to have a slip and fall accident in a restaurant.

Should you find yourself in such a position, take pictures immediately—of the area where you fell, what caused your fall, and the surrounding area. If you’re unable to, ask someone to take those pictures for you. If there are any witnesses, collect their contact information as well. Avoid speaking to the staff and management as much as possible, and of course, don’t say anything that could sound as if you were admitting fault, such as “I’m sorry,” or “It’s my fault.”

Seek medical attention, even if you think your injuries aren’t severe. Get copies of all medical records, X-rays, prescriptions, and other related expenses together. Taking immediate action shows that you are indeed injured, and will help build your case.

When you are able, contact and meet with a New York City restaurant slip and fall accident attorney to discuss your case. The longer you wait, the more time elapses for evidence to go away, for witnesses to forget, and your injuries to heal.

Slip And Fall Statistics

When most people think of an injury from falling, they generally think of people over 65. But slip and fall accidents can injure anyone, and are the leading cause of serious injuries to people of any age.

Every year, there are eight million emergency room visits for falls, and one million of those are for slip-and-falls. Five percent of the people who are injured in falls suffer fractures, with hip fractures the most serious in the elderly.

The total yearly costs for injuries is estimated to be $13 to $14 million, Falls can lead to additional injuries such as joint and tendon damage, cuts and bruises, spine and neck injuries as well as traumatic brain injuries.

If your fall results in more serious and costly injuries, a slip and fall attorney can help you get the compensation you need to take care of yourself.

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

Slip and fall accidents can happen anywhere in New York City, any time. Restaurants, bars, and other establishments with food and drink can be particularly dangerous if they’re not kept clean and safe for patrons.

After a restaurant slip and fall, you may need the services of an experienced NYC legal team. 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 after they’ve suffered 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 Should I Do After I Experience A “Slip And Fall” Accident In New York City?

December 18, 2018 By admin

You were enjoying your day and walked into a store, café, or other business. Maybe you were just in to get your morning coffee. Next thing you know, you’re on the floor, and you’re not sure how it happened. You tried to catch yourself but weren’t able to. You’ve experienced what’s called a “slip and fall accident,” but all you know is that you’re now in pain. Through no fault of your own, you’ve fallen off your feet and may have sustained an injury.

What Should I Do After I Experience A "Slip And Fall" Accident In New York City?

How Did This Happen?

Businesses and property owners have a legal duty to keep their premises safe for visitors, employees, and customers. Wet floors due to spills, precipitation or other mishaps are some of the most common causes. But other types of neglect, such as repairs that haven’t been made, can also cause injury to an unsuspecting individual.

Slip and fall accidents are a part of the law known as “premises liability.” Retail establishments, schools, restaurants, offices, municipal buildings, as well as bus and train stations are just some of the many places an injury can occur.

Types Of Injuries

Just like other types of personal injury, slip and falls can lead to:

Cuts and bruises
Broken bones
Lacerations
Neck and spinal injuries
Traumatic brain injuries
Soft tissue damage

More severe injuries can require expensive medical care, stop you from working as well as other life changes you weren’t expecting.

What To Do Next

1. Document the evidence—before you leave the scene, utilize your cell phone to take as many pictures of the accident scene as you can if you’re able to. If you are with someone, ask them to take pictures of the area where you can’t to supplement what you can photograph.

2. Notify—If the property’s owner or manager is not available at the time of the accident, make sure to notify them of your accident as soon as you are able.

3. Seek medical attention—whether you have someone bring you, or an ambulance is called, get to a doctor as soon as you can. Injuries don’t always show up immediately. If you don’t see a doctor, and you later file a claim, the other party can claim that your injuries were not severe and that you don’t deserve compensation.

4. Start researching options—how will you recover damages for your accident? Assemble your evidence (pictures, medical records, etc.) and begin researching your legal options.

5. Find (and hire) an attorney—once you’ve decided on your best course of action, it’s time to hire legal counsel to help you through the process.

6. Know that you’re being watched—now that you’ve found legal representation, it’s important to remember that the other party will also have legal counsel that will work to minimize your case or have it dismissed. Don’t post on social media about your accident, and be very cautious of anything you do outside that could put your claim in jeopardy. Your attorney will explain this to you when discussing your case.

NYC Family-Owned Personal Injury Law Firm

Have you been hurt in a slip & fall accident due to an owner’s negligence? Call us at (212) 777-9400 (or use our online contact form.) As a family-owned personal injury law firm in New York City, we have more than 26 years of experience helping people just like you. Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court.

What’s The Definition Of A “Slip And Fall Accident” In New York City?

November 5, 2018 By admin

Slipping and falling is a mainstay of old-time comedy (think The Three Stooges.) But in real life, a slip-and-fall accident usually isn’t funny. Slip-and-fall accidents can leave you with anything from sore muscles to bruises, lacerations, broken bones, and even traumatic brain injuries. We hope you never find yourself with such severe injuries, but they can happen.

What's The Definition Of A "Slip And Fall Accident" In New York City?

This type of accident can have a number of causes—wet floors, ice and snow, sidewalks that aren’t yet clear, and other transient conditions. But building conditions, such as floor damage, improperly maintained or repaired stairs or lack of a handrail could also be the cause of a painful, debilitating accident.

Sidewalks are frequently involved in New York City slip and fall accidents. The City of New York has a specific administrative code that deals with sidewalk maintenance and repair. Owners face liabilities if they fail to take proper care of their sidewalks. This includes snow and ice removal in winter.

Proving Fault

Property owners have a duty to keep their premises safe for their employees as well as visitors, in an area of law called “premises liability.” This is particularly true of retail establishments like grocery and discount stores, shopping malls and restaurants, where unsafe floor conditions are prone to happen.

A slip and fall accident is defined when an individual is injured on premises due to the actions and/or negligence of another party. A condition existed that the owner, manager, and by extension, their employees, knew or should have known existed, and should have taken actions to remedy in a reasonable amount of time. In the case of a grocery store with water, oil or other substances creating slippery conditions, warning signs, cones or other visual cues should be placed around the area until someone completes the cleanup and the floor is finally dry.

Was The Accident Your Fault?

Many states employ “comparative fault” in their personal injury laws. This means that if you were partly (or even solely) responsible for your accident, your settlement could be reduced, or even eliminated, depending on what percentage you are assigned.

Since New York is also a comparative fault” state, it’s not uncommon for the defendant to claim that you were at least partly responsible for your injuries. For instance, if you were walking through a store or mall, looking at your phone and not paying complete attention, you could be assigned 25% of the fault because you didn’t exercise a duty of care for yourself. That reduces your $10,000 settlement $10,000 down to $7,500.

Damages

Injuries from a slip and fall can be serious, and incur medical expenses that you were not expecting. Compensatory damages can take the form of:

Lost wages (past and future)
Lost earning capacity
Medical expenses (past and future)
Other out-of-pocket expenses related to the accident
Mental anguish
Pain & suffering

These damages will differ depending on the details of your case. A personal injury attorney who understands slip and fall accidents and premises liability can advise you on what you can expect.

Statute of Limitations

New York allows three years for you to file your claim. After that, your claim will likely be dismissed. If you plan to file a lawsuit, contact a personal injury attorney as soon as you are able.

NYC Family-Owned Personal Injury Law Firm

Have you been hurt in a slip & fall accident due to someone’s negligence? Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm in New York City, with more than 26 years of experience helping people just like you. Our contingency fee arrangement means we won’t get paid until you do, whether we settle your case in or out of court.