Slip-and-Fall Cases

Western New York Slip-and-Fall Attorneys

A slip-and-fall or trip-and-fall accident can happen in an instant, but the resulting injuries can have a lasting impact on your life. Property owners, both commercial and residential, have a legal responsibility to maintain a safe environment for visitors. When they fail to do so, and you are injured as a result, you may have a valid personal injury claim.

At Pasquale V. Bochiechio, P.C., we represent individuals throughout Western New York who have been injured in slip-and-fall accidents. We understand the specific challenges posed by these cases and are dedicated to holding negligent property owners accountable.

Common Causes of Slip-and-Fall Accidents

While our region’s famous winters often bring to mind falls on ice and snow, many other factors can lead to a compensable slip-and-fall case. We have experience with a wide range of premises liability claims, including those involving:

Snow and Ice: Property owners have a duty to remove snow and ice in a timely and reasonable manner to prevent accidents.
Improper Railings: Missing, broken, or improperly installed handrails on stairs can lead to serious falls.
Uncleaned Debris or Spills: Failure to clean up spills, dropped merchandise, or other debris in a reasonable amount of time can create a hazardous walking surface.
Unexpected Floor Level Changes: Unmarked steps, uneven flooring, or damaged tiles can cause someone to trip.
Poor Lighting Conditions: Insufficient lighting in hallways, stairwells, or parking lots can obscure hazards and lead to falls.
Torn Carpeting or Damaged Flooring: Ripped or loose carpeting and cracked tiles are common tripping hazards.

The Importance of Documentation

The success of a slip-and-fall case often hinges on the evidence gathered immediately following the accident. These cases are highly fact-specific, and documenting the scene as close to the time of the incident as possible is critical.

If you are able to, please take these steps after a fall:

Seek Medical Attention: Your health is the first priority. Get the medical care you need and be sure to report all of your injuries to the doctor.
Document the Scene with Photos: If it is safe to do so, use your phone to take photographs of what caused your fall. Capture the specific hazard, its location, and the surrounding area.
Get Witness Information: If anyone saw your fall, ask for their name and contact information.
Report the Incident: Inform the property owner, store manager, or landlord about your fall and make sure an official incident report is created.

New York Premises Liability Law and Our Strategy

  • Statute of Limitations (C.P.L.R. § 214): This law dictates that in most cases, you have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from ever bringing your claim.
  • Pure Comparative Negligence (C.P.L.R. § 1411): New York follows a pure comparative negligence system. This means that if you are found to be partially at fault for your fall, your total compensation will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you were 25% at fault, you would receive $75,000.
  • Landowner Liability: New York common law, as developed through case precedent, governs a property owner’s duty to maintain their premises in a reasonably safe condition. We use this legal framework to prove a property owner’s negligence.

A successful dog bite claim can result in compensation for a wide range of damages to help you recover from your injuries and other losses.

Potential Damages:

  • Medical Expenses: Coverage for all medical treatments, including emergency room visits, surgeries, medications, and physical therapy.
  • Lost Wages: Compensation for any time you missed from work due to your injuries.
  • Pain and Suffering: Damages for the physical pain and emotional distress caused by the attack.
  • Permanent Injuries: Compensation for permanent scarring, disfigurement, or disability resulting from the bite.
  • Evidence Gathering: We will meticulously gather all evidence, including your photographs, incident reports, witness statements, and surveillance footage if available.
  • Proving Negligence: We will work to establish that the property owner had “notice” of the hazard and failed to take reasonable action to correct it.
    • Actual Notice: The owner was directly aware of the hazard (e.g., an employee saw a spill but did not clean it up).
    • Constructive Notice: The dangerous condition existed for a long enough period of time that the owner should have discovered and fixed it through reasonable inspection.
  • Damages Evaluation: We will work with medical professionals to accurately assess the full extent of your damages, including medical bills, lost wages, and pain and suffering.
  • Negotiation and Litigation: We handle all communications with the insurance companies, and if a fair settlement cannot be reached, we are prepared to take your case to court to fight for a just outcome.

Practice Areas

No-Fault Insurance Claims – Patients

No-Fault Insurance Claims – Doctors

Personal Injury

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Get in Touch

Pasquale V. Bochiechio, P.C.
509 Cleveland Drive
Cheektowaga, NY 14225
Phone: (716) 882-2727
Fax: 716-882-0042

Get a Free Consultation

If you have been injured in a slip-and-fall accident, you don’t have to face the insurance companies alone. Contact Pasquale V. Bochiechio, P.C. for a free consultation. We will review the facts of your case and help you understand your legal options.

Call us at (716) 882-2727 or fill out our online contact form to schedule your consultation and get the legal support you need.

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