Get the Fair Compensation for Your Slip and Fall Injury

On January 9, 2018, in Personal Injury, by John A. Weber IV, ESQ.

A slip and fall injury is common, resulting in serious, life-altering injuries that may end up in wrongful death. Wet floors, construction site’s negligence and unlit stairwells can have catastrophic results. Contact slip and fall accident lawyers to determine why you are payable for the property owner’s carelessness.

Slip and fall injury lawyers can provide you complete knowledge of the law. There are several essentialities to consider while investigating your case against anybody, including property owner’s inattention, previous complaints about an existing hazard, etc. Slip and fall accidents can be due to several reasons, including:

  • Slippery surface falls
  • Stairway accidents
  • Fall from a terrace or balcony
  • Parking ramp falls
  • Sidewalk falls
  • Bathtub and shower falls
  • Poor quality walkaways
  • Torn carpets or floor mats
  • Poorly installed carpets and floor mats
  • Improperly repaired floors or stairs
  • Inadequate handrail
  • Blockage in aisles
  • Collection of moisture on normal or wood floors
  • Visual Illusions

If you or your loved one has suffered from a slip and fall injury, get in touch with a slip and fall law firm to get the right aid.

A property owner is liable to keep their property in the safe condition. If there is any negligence, resulting in slip and fall injury, he is responsible for the compensation. Hire slip and fall accident attorney in Long Island for the assistance. You can consult an attorney to get aid for some of the following accidents:

Fall on Ice and Snow

Property owners have to ensure that their property, including parking lots and sidewalks, are maintained. All snow and ice should be removed to avoid possible mishap. They are offered “reasonable” time to remove snow and ice. However, a property owner is not liable if you fall on a snowy sidewalk in the middle of a snowstorm.

Also, if conditions on the property cause an unnatural ice or snow buildup like ice accumulation on the roof, then melting and dripping off due to a clogged drain, and refreezing on the ground, the property owner may be liable for your slip and fall accident.

Under all such conditions, a slip and fall accident attorney in Bronx can help you. He will analyze everything, such as did the property owner use his common sense, has any accident happened there before, did poor or broken lighting contribute to the accident, could a barrier have been created to warn people of a potential danger, etc.

If the property owner is careful in maintaining his property, he will certainly provide reasonable reasons to attorney. But, if the answer to one or more of these questions are in your favor, you may have a claim for compensation.

Slip and fall accident lawyer in Bronx will also consider whether your actions contributed to your accident or not. It is suggested to collect all the evidences during a slip and fall accidents. Make sure you gather the following proofs:

  • Photos- Take photographs of the accident’s space. Click pictures of your clothing, shoes, bruises, cuts, or scrapes to document your injury.
  • Witnesses- Try to get the name, address and telephone number of the witnesses of your fall.
  • Evidence- A slip and fall accident lawyer in Long Island recommends you save the item that causes your fall. Like if you slipped on a piece of fruit or a vegetable, keep in a plastic bag and freeze it.

However, if you are unable to capture photographs or gather evidences, a slip and fall accident attorney in Nassau County will obtain maximum information.

Stairways accident

If an accident occurred due to defective or broken stairs, a slip and fall accident lawyer Nassau County can aid you. Property owners should ensure all stairs have the same rise and depth, with visible edges. It should also be free of debris or other obstacles that may cause an accident. He should also install sturdy handrails on both sides of steps for safety reasons.

Slip and fall accident lawyer in Brooklyn can held a property owner legally liable for your injuries, if one of the following must be true:

  • The owner of the premises must have caused a spill or other dangerous condition.
  • He “should have known” a dangerous condition was present.
  • He must have known of the dangerous condition and failed to correct it properly.

So, if you have injured due to a fall and slip accident, call us today! We serve in the all five boroughs of NYC (Brooklyn, Queens, Staten Island, Bronx, and Manhattan) and all towns in Long Island including Nassau County and Suffolk County.

See Also:

Slip and Fall Accidents in New York

Slip and Fall Injuries

Accidents are unavoidable and may result in minor injuries to severe ones causing death. These mishaps impact not only injured person, but the whole family suffers from it. If you have suffered an injury at your workplace due to the company’s failure to adhere to labor laws, then you must consult an attorney to get complete compensation. Labor law attorney in Nassau County protects workers from hazardous workplace conditions, including:

• Construction site accidents
• Unsafe work conditions
• Scaffolding accidents
• Ladder, crane and lift injuries
• Unsafe construction work equipment
• Explosions
• Burn injuries
• Defective and dangerous work products
• Heavy machinery accidents
• Other workplace accidents

Those who reside in any of the 5 boroughs of NYC (Brooklyn, Queens, Staten Island, Bronx, and Manhattan) and all towns in Long Island including Nassau County and Suffolk County are fortunate as they can get the best labor law attorneys to get fair compensation for all the damage at the workplace accident.

There are all-encompassing range of claims that are related to violations of labor law. A reliable labor law attorney in Suffolk County can aid you getting right claim for the loss. So, get in touch with professionals today for the fair compensation!

Companies are responsible for providing safe environment to employees to avoid any accident. If they violate rules and regulations, they can be held accountable. Usually, the construction industry remains one of the most perilous, statistically, and the injuries persistent are often critical, life threatening, or result in permanent disability or death. In all such cases, the role of labor law lawyer in Suffolk County is important with regard to justice for the worker.

A labor law is designed to help injured workers getting compensation for injuries suffered while performing work duties. The safety of employees is significant, and if a company is slipshod in taking proper care to protect their staff, it makes sense that they could be forced to pay compensatory damages to the injured or to the families who have lost a loved one.

A professional labor law lawyer in Nassau County can help you providing medical and other claims. The attorneys have profound knowledge about different types of claims related to New York labor law. They can aid you getting wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits.

If you or a loved one has been victimized due to the company’s negligence, leading to injuries at workplace, strict action can be taken against the firm and any other responsible party. Pursuing damages can be difficult, and it requires great skill in negotiating with the employer to get fair claim.

It is best to take assistance of a highly skilled labor law lawyer in Queens who can take the case in hand and advise you how to best proceed, with the goal of achieving fair and full compensation for all damages.

Each legal case demands a complete assessment by scrutinizing the situation and the influence the damage has had on the life and health of the employee, and pursuing compensatory indemnities that are reasonable, grounded upon those facts. Labor law attorney in Bronx prepares a well-documented case to present to a jury in civil court, or the insurance company so that the company pays the client fair damages.

Retaliatory Eviction

On April 19, 2017, in Landlord-Tenant, by John A. Weber IV, ESQ.

RETALIATORY EVICTION

In New York, tenants are protected from retaliatory eviction proceedings by RPAPL 223-b.  This statute states in summary that a landlord cannot commence a summary proceeding to evict a tenant in retaliation or response to a tenant exercising it’s rights to file a complaint against the landlord with a government authority.  The statute also goes a bit further and protects a landlord from retaliating against the tenant in other ways than starting a retaliatory eviction proceeding.  Most notably, the statute prohibits a landlord from changing terms of the lease agreement in response to a complaint.

Another major component of this statute is the presumption that it creates.  If the landlord has knowledge of the complaint filed by the tenant prior to initiating the summary proceeding, the landlord is presumed to be commencing a retaliatory eviction proceeding.  The presumption however is only applicable after the tenant disproves certain underlying allegations of the petition; such as nonpayment of rent.

Retaliatory evictions are often commenced in response to the filing of a complaint due to the landlords failure to provide necessary services such as heat or hot water.  It is important to understand whether or not a summary proceeding is warranted under the circumstances or whether the commencement of an action will be considered by the court to be a retaliatory eviction.

Landlord Tenant Attorney

Knowing the law regarding retaliatory eviction proceedings is necessary for every landlord and tenant.  Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where a landlord tenant attorney can speak with you about your case.

Personal Injury Actions Involving DWI’s May Lead to Punitive Damages

Individuals who are injured by a person driving while intoxicated may be entitled to punitive damages in addition to the compensatory damages that awarded.  The New York Appellate Division, Second Department ruled in Chiara v. Dernago, 12 A.D.3d 999; 11 N.Y.S. App. Div. Lexis 4367; 2015 NY Slip Op 04444, that in certain situations, punitive damages are warranted.  The excerpt from the decision is as follows:

“Whereas compensatory damages are intended to assure that the victim receives “fair and just compensation commensurate with the injury sustained,” punitive damages are meant to “punish the tortfeasor and to deter this wrongdoer and others similarly situated from indulging in the same conduct in the future” (Ross v. Louise Wise Servs., Inc., 8 NY3d 478, 489, 868 NE2d 189, 836 NYS2d 509 [2007]; see Sharapata v Town of Islip, 56 NY2d 332, 335, 437 NE2d 1104, 452 NYS2d 347 [1982]; Walker v Sheldon, 10 NY2d 401, 404, 179 NE2d 497, 223 NYS2d 488 [1961]; Western N.Y. Land Conservancy, Inc. v Cullen, 66 AD3d 1461, 1463, 886 NYS2d 303 [2009]).  Evidence that a defendant was driving while intoxicated is insufficient, standing alone, to justify the imposition of punitive damages (see Rodgers v Duffy, 95 AD3d 864, 866-867, 944 NYS2d 175 [2012]; D’Angelo v Litterer, 77 AD3d 1373, 1374, 907 NYS2d 917 [2010]; Trudeau v Cooke, 2 AD3d 1133, 1134, 769 NYS2d 322 [2003]; Deon v Fortuna, 283 AD2d 388, 389, 724 NYS2d 450 [2001]).  However, driving while intoxicated may support an award for punitive damages where there is additional evidence that the defendant engaged in “wanton and reckless” conduct evincing heedlessness and an utter disregard for the safety of others (Shragel v Juszczyk, 43 AD3d 1375, 1375, 844 NYS2d 532 [2007]; see Parkhill v Cleary, 305 AD2d 1088, 1089, 759 NYS2d 262 [2003]; Taylor v Dyer, 190 AD2d 902, 903, 593 NYS2d 122 [1993]; Sweeney v McCormick, 159 AD2d 832, 834, 552 NYS2d 707 [1990]; see also Deon v Fortuna, 283 AD2d at 389).  An evaluation of whether punitive damages are warranted must be made “on a case by case basis taking into account the nature of the actor’s conduct and the level of his intoxication” (Sweeney v McCormick, 159 AD2d at 834).”

Personal Injury Attorney

Retaining an attorney that understands how to prosecute a personal injury action can make all the difference in your case. When you or a loved one are injured by someone driving while intoxicated, please know that we are here to help you.  Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced personal injury attorney.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan