Common Slip and Fall Injury Myths in NY | The Law Office of Carl Maltese

Slip and fall accidents happen more often than people think. Whether in a grocery store, on the sidewalk, or in the workplace, these incidents can lead to serious fall injuries.

Still, many myths surround slip and fall claims in New York, leaving injury victims unsure of their legal rights.

The truth is that misconceptions can stop people from getting the compensation they deserve for medical bills, lost wages, and other damages.

Victims believe that only major injuries justify a slip-and-fall lawsuit or that a property owner is never responsible if a warning sign is posted. However, is that true?

This article will break down the most common myths and uncover the real facts about fall cases in New York. Our team also has insight on common construction accident myths in NY.

Myth One: Only Victims with Physical Injuries Can Recover Compensation in Slip and Fall Accidents

The effects of slip and fall accidents can extend beyond bodily injuries. Emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD), can impact an injury victim's quality of life.

Victims of slip and fall accidents can pursue compensation for psychological trauma in addition to physical harm.

To do so, they must demonstrate that their emotional distress directly results from the casualty.

Medical and psychological documentation, such as therapy records and expert evaluations, can help support their slip and fall claims.

Myth Two: Partially-at-fault Victims Cannot Seek Compensation in Slip and Fall Claims

New York operates under a "comparative negligence" system. This means an injury victim can recover damages even if they were partly responsible for the slip and fall incident.

However, their compensation will be reduced by their percentage of fault.

If someone suffers $200,000 in damages but is found to be 75% responsible for the accident, the damages will be reduced by 75%, and the victim will recover $50,000 from the property owner.

Insurance companies may try to claim victims are at fault, even when that's not the case.

They might argue the victim was distracted, wearing inappropriate footwear, or in an area not open to the public. Reviewing the situation with a lawyer to determine possible legal options is essential.

Even if someone thinks they are partially at fault, they should consult a personal injury lawyer. An attorney can analyze the facts and estimate the recoverable compensation. For more information, a Long Island slip and fall attorney may be able to help.

Myth Three: The Victim Doesn't Need Legal Help in a Slip and Fall Case

Many believe they can handle a slip-and-fall case independently without experienced legal counsel.

While it's true that victims can represent themselves, going up against property owners and insurance companies can be a tough battle.

Slip and fall claims often hinge on proving negligence, which means showing that the property owner was careless.

The property owner might argue that the fall was due to the victim's carelessness.

Gathering evidence, such as surveillance footage or maintenance records, and presenting a strong case can be challenging for the average person. A personal injury lawyer experienced in fall cases can provide valuable help.

They understand the steps involved in a claim and can advise victims on their legal options.

A lawyer can collect evidence, including witness statements and accident reports, to prove the other party's negligence and liability. They can also share information on common dog bite injury myths in NY.

They can also assess damages, including medical bills, lost wages, and pain and suffering, and make sure claimants are compensated fairly.

Myth Four: People Can Only Sue If the Property Owner Directly Caused the Hazard

A property owner can be held responsible if they knew about a hazard and didn't fix it.

For instance, if a spill wasn't cleaned up quickly, the owner could be seen as careless, even if they didn't cause it. The owner is responsible for maintaining a safe environment at all times.

Myth Five: Only Severe Injuries Qualify for Compensation

Another misconception is that slip and fall cases are only valid if someone suffers catastrophic injuries like broken bones or concussions. As a result, victims with minor injuries often stay silent.

However, even soft tissue injuries, back pain, and sprains can lead to high medical expenses and lost wages.

Any injury caused by a New York slip and fall case can affect a person's daily life.

If the accident occurred due to someone else's negligence, victims deserve compensation - no matter how big or small the injury seems at first.

What to Immediately Do After a Slip and Fall Accident

Slip and fall accidents can happen quickly. One moment, someone is walking, and the next, they're on the ground, possibly injured and disoriented.

Knowing what to do immediately following a slip and fall case is vital for protecting their health and any potential legal rights:

Prioritize Health and Safety

The injured person's well-being is the most important thing. After a fall, they shouldn't rush to move.

They should assess themselves for injuries. If victims feel severe pain, can't move, or notice bleeding, they should call 911 for emergency help.

Even if the injuries seem minor, visiting a doctor as soon as possible is crucial.

Some injuries, such as concussions or soft tissue damage, might not show symptoms right away. Seeking immediate medical attention ensures proper diagnosis and treatment and creates essential medical records.

Report the Incident

The injured person must notify the property owner, manager, or landlord about the accident.

If it happened at a business, the person in charge should create an accident report. Victims should also get a copy of that report for their records.

Document the Scene

Claimants should take time to document the scene if they are physically able to do it.

Using a phone, they can take pictures of where they fell, including any hazards that contributed to the fall, like wet floors, uneven surfaces, or debris.

What Is the Statute of Limitations for Personal Injury Claims in Long Island, New York?

The statute of limitations sets a deadline for filing a lawsuit. If someone waits too long, they may entirely lose their right to sue for compensation.

In New York, the general statute of limitations for personal injury cases is three years from the accident date.

This three-year limit applies to various personal injury claims, including slip and fall accidents, car crashes, and other negligence cases.

There are situations where the statute of limitations can be "tolled," meaning it can be paused or extended.

This can happen if the injured person is a minor or mentally incapacitated at the time of the injury. The statute of limitations may not begin to run until the condition ceases.

Final Words

A slip and fall case can lead to serious injuries, expensive medical bills, and financial hardship. Unfortunately, myths about fall cases prevent many victims from pursuing justice.

Every slip and fall case is unique, and injury victims deserve fair compensation if negligence plays a role.

Consulting a personal injury lawyer is the best step forward. The Law Office of Carl Maltese helps clients navigate the complexities of slip and fall claims in New York, ensuring they receive the support they need.