Kingston Slip and Fall Accident Lawyers

Holding Negligent Property Owners Accountable in Ulster County

At Basch Keegan & Spada, LLP, our slip and fall attorneys in Kingston represent slip, trip, and fall injury victims in claims arising from dangerous or hazardous property conditions. As an injury-only law firm with 30-plus years of experience, we know how to deal with insurance companies and at-fault parties, using proven tactics to receive maximum settlement offers on behalf of our clients.

On This Page:

• Slip, Trip, and Fall Accidents Can Happen Almost Anywhere
• What to Do After a Slip and Fall Accident
• Can I Sue for a Slip and Fall Accident on Another’s Property?
• Who Is Liable in a Slip and Fall Accident in NY?
• How To Prove Liability in Slip and Fall Injuries
• Do I Need a Lawyer for a Slip and Fall?
• What is the Average Settlement for a Slip and Fall Case?
• FAQs About Slip & Fall Accidents in Kingston
• What Damages Could Be Recovered in a Slip & Fall Accident Claim?
• Contact Our Kingston Slip & Fall Accident Attorney Today

Complete our contact form or call (845) 251-4545 24/7 to schedule a free consultation with our slip & fall accident attorney in Kingston.

Slip, Trip, & Fall Accidents Can Happen Almost Anywhere

Slip, trip, and fall accidents are one of the most common causes of personal injury, only after automobile accidents.

Our team has significant experience representing individuals in the following cases:

• Grocery Store Negligence: This can include any injuries resulting from unsafely stocked items, missing warning signs regarding potential dangers, and items on the floor (including water) that can cause you to slip and fall.
• Property Accidents: This can include residential or commercial property in which uneven pavement, lifted sidewalks, fallen trees and branches, or other hazards create a problem for individuals.
• Apartment Building Problems: This can include any problem involving broken and failed handrails, stairway dangers, items sitting on the stairs, or problems on individual balconies (failed railings).
• Commercial or Federal Buildings: This can include any issues involving defective or failed elevators, escalators, electrical wiring, or lifted carpet.

It's essential to acknowledge the various public spaces where slip and fall accidents are prevalent. Busy areas such as parks, shopping malls, and office complexes often contain hazards like wet floors, debris, or uneven paths that can lead to accidents. Precautionary measures in these spaces are crucial for visitor safety.

The slip and fall injury lawyers at Basch Keegan & Spada are ready and committed to provide you with the thorough investigation you need to pursue a slip and fall claim against a negligent property owner. We’ll be there with the necessary knowledge and resources, working to show that there was a reason you fell that stemmed from someone’s negligence.

What to Do After a Slip & Fall Accident

A slip and fall accident can happen to anyone, anywhere, at any time. Whether you slip on a wet floor in a grocery store or trip over an uneven sidewalk, it's important to know what to do after a slip and fall accident to protect your health and your legal rights.

The first thing you should do after a slip and fall accident is seek medical attention. Even if you feel okay, you may have suffered an injury that isn't immediately apparent. Some injuries, like a concussion or a back injury, may not show symptoms until hours or even days after the accident. Getting checked out by a medical professional can ensure that you receive the care you need and can also provide important documentation of your injuries for any legal claims.

You should also document the accident and any injuries you suffered. Take photos of the area where the accident occurred, including any hazards that may have contributed to your fall. If there were any witnesses to the accident, get their contact information so they can provide a statement if necessary. Keep track of any medical bills, missed work, or other expenses related to the accident, as these may be relevant to a legal claim.

Finally, it's important to consult with a slip and fall lawyer if you've been injured in a slip and fall accident. A lawyer who focuses on slip and fall claims can help you determine whether you have a claim and can advise you on the best course of action. They can also handle communications with insurance companies and help ensure that you receive fair compensation for your injuries and related expenses.

Remember, if you've been injured in a slip and fall accident, you have legal rights. By taking the right steps after the accident, you can protect those rights and get the help you need to recover.

Can I Sue for a Slip & Fall Accident on Another’s Property?

Have you been seriously hurt after visiting another person’s property? Slip and fall injuries typically fall under a premises liability category, which means you may be able to collect financial compensation if it is proven that the owner or manager of the premises failed to address hazards to visitors. Speaking with a knowledgeable slip and fall attorney is the best way to determine whether your slip and fall accident is grounds for legal action.

Who Is Liable in a Slip & Fall Accident in NY?

In New York, liability for a slip and fall accident will depend on a variety of factors, including the cause of the accident, the location of the accident, and the parties involved. Generally, property owners and managers have a duty to maintain their premises in a safe condition and to warn visitors of any known hazards. If they fail to do so and someone is injured as a result, they may be held liable for the injuries.

In some cases, the property owner or manager may be the only party liable for a slip and fall accident. For example, if a customer slips on a wet floor in a grocery store because an employee failed to put up a "wet floor" sign, the store may be held liable for the customer's injuries.

In other cases, multiple parties may share liability for a slip and fall accident. For example, if a tenant slips on an icy sidewalk outside of their apartment building, both the property owner and the tenant may be held liable if they failed to clear the ice.

It's also worth noting that New York follows a comparative negligence system when it comes to liability for slip and fall accidents. This means that if the injured party is found to have contributed to their own injuries in some way, their compensation may be reduced by the percentage of fault assigned to them. Understanding the nuances of liability can be complex; therefore, consulting a slip and fall lawyer ensures all responsible parties are held accountable.

How to Prove Liability in Slip & Fall Injuries

Proving liability in a slip and fall accident requires you and your legal team to show that the owner of the property (or another party responsible for maintenance) was aware of the hazard, yet they did nothing to fix the issue or warn legal visitors of the issue. As a result, you or someone else can suffer a significant injury, making the property owner or other responsible party negligent.

Do I Need a Lawyer for a Slip & Fall?

If you've been injured in a slip and fall accident, you may be wondering if you need a lawyer to help you navigate the legal process. The answer to this question will depend on several factors, such as the severity of your injuries, the extent of your medical bills, and the extent of the liability of the property owner or responsible party.

In many cases, it's a good idea to hire a slip and fall lawyer if you've been injured in a slip and fall. A skilled attorney can help you understand your legal options and pursue the compensation you deserve.

Some of the ways in which a lawyer can help you include:

• Investigating the Accident: An experienced lawyer can thoroughly investigate the circumstances surrounding your slip and fall accident. This includes reviewing the accident report, interviewing witnesses, and gathering any other evidence that can help establish liability.
• Negotiating with Insurance Companies: Insurance companies are notorious for offering lowball settlements to accident victims. A lawyer can negotiate with the insurance company on your behalf to ensure you receive fair compensation for your injuries.
• Filing a Lawsuit: If negotiations with the insurance company fail, a lawyer can file a lawsuit on your behalf. This can be a complicated process, but an experienced attorney can guide you through every step of the way.
• Proving Liability: In slip and fall claims, it's important to establish who was responsible for the accident. A lawyer can help you gather evidence to prove liability, such as maintenance records or witness testimony.
• Calculating Damages: A slip and fall accident can result in significant medical bills, lost wages, and other expenses. An attorney can help you calculate the total damages you're entitled to and pursue compensation to cover these costs.

Overall, while it's not strictly necessary to hire a slip and fall lawyer for an accident, it's usually a good idea to do so.

What Is the Average Settlement for a Slip & Fall Case?

If you have suffered injury during a slip and fall incident, you are likely wondering how much you are capable of obtaining from a settlement. In general, the average settlement for a slip and fall ranges between $15,000 and $45,000. Your situation may not, however, fall within the range of the average settlement.

If your injuries are serious and your claim is strong, your settlement may be higher than the average. If your slip and fall injuries are minor, however, you may not receive the average settlement. If you want to have a better idea of the results you can obtain from your situation, reach out to our slip and fall accident attorney.

FAQs About Slip & Fall Accidents in Kingston

How long do I have to file a slip and fall lawsuit in New York?

The statute of limitations for filing a slip and fall lawsuit in New York is generally three years from the date of the accident. This means you have three years to initiate legal proceedings against the responsible party. However, if the slip and fall occurred on government property, you may need to file a notice of claim within 90 days of the incident, and the timeline for filing a lawsuit may be shorter. It's crucial to act quickly and consult with a slip and fall lawyer to ensure you meet all necessary deadlines.

What types of injuries are common in slip and fall accidents?

Slip and fall accidents can result in a variety of injuries, ranging from minor to severe. Common injuries include bruises, sprains, and strains, as well as fractures and broken bones, particularly in the wrists, arms, and hips. More serious injuries can include concussions, traumatic brain injuries, spinal cord injuries, and even internal bleeding. The severity of injuries often depends on the circumstances of the fall, such as the height from which the person fell and the surface they landed on. Regardless of the injury's severity, it is crucial to seek medical attention promptly to ensure proper treatment and documentation.

What if the slip and fall accident occurred on a rental property?

If a slip and fall accident occurs on a rental property, the liability may depend on the nature of the hazard and the lease agreement. Generally, landlords are responsible for maintaining common areas and addressing known hazards. However, tenants might be responsible for hazards within their own units or for conditions they created. If your accident was caused by a condition the landlord knew about or should have known about and failed to address, the landlord may be liable. Reviewing your lease and discussing your claim with an attorney can help determine who is responsible.

Can I sue a city or municipality for a slip and fall accident on public property?

Yes, you can sue a city or municipality for a slip and fall accident on public property, but there are special rules and deadlines that apply. In New York, you must file a Notice of Claim within 90 days of the accident if you intend to pursue legal action against a government entity. This notice must detail the circumstances of the accident and the injuries sustained. Failure to file this notice within the required timeframe can result in the loss of your right to take legal action. Consulting a slip and fall attorney promptly after your accident can help ensure you meet all necessary requirements.

Do I need a lawyer for my slip and fall claim?

While you are not legally required to have a lawyer to file a slip and fall claim, having an experienced personal injury attorney can significantly increase your chances of success. A lawyer can help you navigate the complex legal process, gather and preserve evidence, negotiate with insurance companies, and represent you in court if necessary. They can also ensure that your claim is filed within the statute of limitations and that you pursue the full amount of compensation you are entitled to. Given the challenges involved in proving negligence and liability, legal representation can be invaluable.

What to expect during a slip & fall claim?

Once you've engaged a slip and fall attorney, the process begins with an initial consultation and investigative phase. The attorney will gather evidence, such as accident reports, medical records, and witness statements, to build a strong foundation for your claim. The legal team at Basch Keegan & Spada is experienced in documenting and negotiating claims thoroughly, ensuring all aspects are covered.

After evidence collection, negotiations with the insurance companies commence to attain a fair settlement. Many claims are settled outside of court; however, the process may proceed to trial if a resolution isn't reached. Constant communication and updates will be provided throughout the claim, ensuring you remain informed and confident in the process.

Are slip & fall accidents common in winter?

The winter months in Kingston bring specific challenges as snow and ice are common, increasing the risk of slip and fall accidents. Property owners are responsible for maintaining their premises and clear walkways, ensuring they are safe for public use. This includes shoveling snow, applying salt, or mitigating icy conditions.

Additionally, indoor areas can become hazardous due to melting snow, which creates wet floors. Businesses and other public areas should monitor these conditions and use signage to warn of any wet patches or potential hazards, thus reducing the risk of accidents.

Preventing slip & fall accidents in Kingston

Property owners in Kingston can play a significant role in preventing slip and fall accidents. They should conduct regular inspections, identifying and rectifying hazards promptly. Implementing a scheduled maintenance program can help anticipate and address issues before they cause accidents.

Using non-slip mats in entryways, especially during the wet winter, and promptly addressing leaks or spills minimizes risks. Educating employees about recognizing and dealing with hazards ensures a proactive approach to enhancing safety and preventing slip-and-fall incidents.

What Damages Could Be Recovered in a Slip & Fall Accident Claim?

Victims of slip and fall accidents could be entitled to compensation for various damages, which include:

Medical Expenses

• Emergency room visits, hospital stays, and surgeries
• Physical therapy and rehabilitation
• Prescription medications and medical equipment

Lost Wages and Loss of Earning Capacity

• Income lost because of missed work
• Reduced earning capacity if injuries stop returning to work

Pain and Suffering

• Physical pain and discomfort
• Emotional distress, anxiety, and depression

Disability and Disfigurement

• Permanent physical impairments
• Scarring or disfigurement that affects quality of life

Other Related Expenses

• Transportation to medical appointments
• Home modifications for mobility assistance

Contact Our Kingston Slip & Fall Accident Attorney Today

Slip and fall accidents can have very devastating effects, but victims do not have to navigate the legal process alone. At Basch, Keegan & Spada LLP, we are committed to protecting the rights of those injured by unsafe premises. Every case is handled with personalized attention and aggressive representation to seek the maximum compensation available.

Time limits apply to slip and fall claims, so it is essential to act quickly. Our Kingston slip and fall accident lawyer helps you fight for the justice and compensation you rightfully deserve.

Our Kingston slip and fall accident attorneys will evaluate your case for free and answer any questions you have when you call (845) 251-4545 or send us a message. Don’t wait… we have important advice and there is no fee unless we win.