Slip and Fall Accidents
In New York a “slip and fall” accident generally means that a person has slipped on a foreign substance (i.e. water, oil, debris, etc.). “To recover in a slip and fall action, a plaintiff must be able to show that the defendant (or his employees) failed to remove the hazard or foreign substance from the floor creating a dangerous condition, or that the defendant (or his employees) failed to warn the plaintiff of a dangerous condition that could not readily be detected. The defendant must either be actively responsible for the slippery condition—as, for example, where the defendant’s employee has applied excessive polish or spilled a slippery substance on the floor—or must have actual or constructive notice of the hazard.” See Khanimov v. McDonald’s Corp., 121 A.D.3d 1052, 995 N.Y.S.2d 191, 193 (2d Dep’t 2014). 3-27 New York Practice Guide: Negligence § 27.01 (2015). Often times, proving that the owner had “notice” is the most difficult aspect of “slip and fall” cases. Actual notice is an express statement detailing the condition. Constructive notice refers to the reasonable forseeability of the condition, inferred from the specific circumstances. Because the ability to prove notice will decrease over time, it is important to act quickly and seek the advice of an attorney if you are injured in a “slip and fall” accident. An attorney who practices in the area of personal injury law would be best suited to answer questions and give direction on how to proceed in these cases.
Personal Injury Attorneys
If you have suffered an injury due to a “slip and fall” accident, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney today!
NYC Bicycle injuries
Unfortunately, people that live in congested cities like New York City take their lives in their hands when they choose to walk around their neighborhood or ride their bikes to work. Even when following all of the rules of the road, bicyclists are at risk of being struck by motor vehicles whose drivers simply don’t notice them. Sadly, when accidents happen, riders are seriously injured and even killed. This recent article by Joseph Stepansky is a reminder of how quickly a casual bike ride can become a devastating loss.
If you or a loved one were injured in a motor vehicle accident, whether as a pedestrian, a bicyclist or while you were in a vehicle, please call (516) 858-2620 to speak to with a Personal Injury attorney today!