There are many reasons for what are called slip-trip-and-fall accidents, at both residential and commercial properties, that result from dangerous or defective property conditions. Some of the many causes are icy sidewalks that were not properly cleaned and salted; a broken, uneven or cracked sidewalk pavement; spilled liquids on stairs, hallways, or supermarket aisles; deteriorated or broken ramps, steps or handrails; dangerous and defective equipment at gyms; worn and deteriorated mats; and many other causes much too numerous to mention.

There’s no single cause for a slip trip and fall accident case. Instead, there are countless issues that can lead to serious injuries. These issues often include:

No warning signs:

If a slip and fall hazard is present, people should be made aware of it with the appropriate signage. If this isn’t present, the hazard may not be visible. For example, if someone is mopping a stair or lobby floor then wet floor warning signs must be put out. If it is raining and the lobby floor gets wet then mats and wet floor warning signs must be put out.

Uneven surfaces:

When we walk, our feet are very close to the ground – even as we step forward. This makes uneven surfaces especially dangerous, as even catching your foot just slightly can leave you off-balance and liable to fall. Uneven surfaces include misaligned paving materials, worn carpets and rugs, corroded or damaged flooring – and much more.

Cellar doors:

Cellar doors often protrude onto the sidewalk area including the areas where pedestrians are walking. These doors must be made safe and properly maintained. They must be level with the sidewalk and strong enough not to have any give when walked on. The locking mechanism should also not be protruding so as to be a tripping hazard. The New York City Building Code has numerous provisions to ensure that cellar doors are safe.

Stairs and handrails:

Staircases and steps must be safe to use and meet all code requirements. The New York City Building Code has numerous provisions to ensure that all stairs and handrails are safe. Unfortunately, the rules are not always followed. For example, stairs should be of uniform height without any holes, depressions or cracks. Handrails need to be at the right location and height with sufficient strength and finger clearance for a proper grip and support. Falls on stairs can be incredibly hazardous and can result in catastrophic life-changing injuries.

Cluttered walkways:

Clutter makes walkways or paths dangerous for people to negotiate. It’s not unreasonable to expect to be able to walk through a space without having to side-step, climb over, or move items – as that can result in falls and injuries. It’s not possible to keep an area tidy all the time – but if someone’s health and safety relies on it, it’s the duty of the property owner to make sure it’s done.

Slippery surfaces:

New York City sees the full spectrum of weather – including rain, snow, and ice. Unfortunately, some surfaces turn slick when wet, making falls far more likely. In other cases, sidewalks and paved areas can collect ice and snow when the weather is poor. While we all know to take care in poor conditions, property owners also have a duty of care to make sure their property doesn’t represent an additional risk.

Unsuitable surfaces:

Some surfaces are not suitable for walking on safely. As such, people are far more likely to slip, trip, or fall. Graveled surfaces, surfaces that don’t drain water, and surfaces that are slippery when wet can be examples of particularly dangerous surfaces.

Poor lighting:

Obstacles and hazards in our path can only be avoided if they can be seen – which is why lighting is so important. Without the correct level of light, we have to trust that a walkway is safe – and if the lights are neglected, it’s not uncommon to find the overall property is neglected and dangerous too.

Construction equipment:

New York City can often feel like a never-ending series of construction projects – and often, that construction spills out into areas used by the public. Construction sites have far more hazards than typical public areas – including materials, tools, equipment, vehicles, excavations, and more. They can be an accident waiting to happen.

Misleveled grate or plate on a sidewalk or street:

Whether walking on a New York City sidewalk or crossing the street, unfortunately, many obstacles and dangers are encountered. A metal plate or cover inserted into a sidewalk may often not be level with the sidewalk. Or a construction plate in the street may be in a raised position from the street surface or it may be slippery. Holes can always be present in the street or on a sidewalk.

Protruding screw or nail

Even if a screw or nail is only slightly protruding from a floor it is still a serious tripping hazard. As everyone has probably experienced it does not take much to catch the front of the shoe and cause you to lose your balance.

As can be seen from the examples above there are many causes for slip, trip and fall accidents. Unfortunately, any slip, trip and fall can cause a very serious injury that may be life altering. We have seen many fractured hips, wrists, shoulders and knees all due to a simple fall.

• To understand why slips, trips and falls are so dangerous you must think of it this way:
• If one thousand (1000) people will walk by any of the possible causes listed above;
• Then assume that only ten (10) of those will be caused to slip, trip or fall;
• Assume then that of those that fall only one (1) will be seriously injured.
• By not making the property, street or sidewalk safe to walk on the owner of the property is willing to accept that one (1) person will be injured.

At Jaroslawicz & Jaros the following are just some of our past results for those who were injured in a slip, trip or fall accident:

• $2.5 Million for a woman who slipped and fell on a wet floor when no warning sign was put out.
• $1.95 Million settlement for a man who injured his knees and back when he slipped on ice.
• $1.6 Million verdict for a man who slipped and fell on slippery steps while in a hotel and suffered hip and back injuries.
• $900,000 settlement for a woman who tripped over a raised oil cap on a sidewalk and injured her shoulder.
• $900,000 settlement for a young teacher who slipped on slippery stairs at school.
• $850,000 settlement for a woman who slipped and fell on ice while working at the airport.
• $800,000 settlement for a woman who tripped and fell over uneven pavement while crossing the street and suffered a leg injury.
• $800,000 settlement for a man who tripped and fell on uneven stairs.
• $750,000 settlement for a man who suffered back injuries due to a cracked sidewalk.
• $750,000 settlement for a woman who suffered injuries to her back due to a wet stairway with no warning signs put out.

The attorneys at Jaroslawicz & Jaros are proud of the fact that they have been involved in many cases that were decided by the higher courts on various appeals that have helped shape and define the law of slip-and-fall accidents in the State of New York.

Jaroslawicz & Jaros was successful on an appeal in the higher court in the case of Criss v CNY in the Appellate Division of the Supreme Court of New York, First Department. The Court below denied the Plaintiff’s motion for Summary Judgment for a slip on a wet floor. On the Appeal the court reversed the Judge in the Supreme Court and granted the Plaintiff Summary Judgment as the floor was wet and no wet floor signs had been put out.

In a slip and fall on ice, the attorneys at Jaroslawicz & Jaros were successful in the case of Hecht v. City of New York, 02 Civ. 4029 (JGK) (JCF) United States District Court for the Southern District of New York. The court found the evidence established that the building superintendent had attached a hose to a water spigot, left the water in the “on” position, and did not advise the resident that it was necessary to turn the water off to prevent the hose from icing and bursting.

Jaroslawicz & Jaros was also successful on an appeal in the higher court in the case of Kaplan v. Lucille Roberts Health Clubs Inc., Appellate Division of the Supreme Court of New York, First Department 63 A.D.3d 470 (2009), 880 N.Y.S.2d 284. The court decided issues of fact existed as to whether the plaintiff, a paying member at the club, was limited to choosing among defective step-aerobic boards supplied by the club for participation in a club-sponsored class, and whether defendants had noticed that a fair number of those boards lacked stabilizing bottom grips. Jaroslawicz & Jaros then obtained a substantial settlement for this client.

Jaroslawicz & Jaros was successful on an appeal in the higher court in the case of Rothman-Elson v NYCTA The Court below denied the Plaintiff’s motion for Summary Judgment for a sidewalk grate that was protruding. Obtaining Summary Judgment means that the Plaintiff has established “liability” and won the case and the only question now is - what is the injury worth? On the Appeal the court reversed the Judge in the Supreme Court and granted the Plaintiff Summary Judgment. The higher court found that the adjoining landowner did not keep the sidewalk in a reasonably safe condition. The law in New York requires a building owner to keep the sidewalk in front of the building in a reasonably safe condition. Jaroslawicz & Jaros then obtained a substantial settlement for this client.

Jaroslawicz & Jaros was successful on an appeal in the higher court in the case of Tropper v Henry Street Settlement, in the Appellate Division of the Supreme Court of New York, First Department. The Court below denied the Plaintiff’s motion for Summary Judgment for a misleveled sidewalk. On the Appeal the court reversed the Judge in the Supreme Court and granted the Plaintiff Summary Judgment. The higher court found that the adjoining landowner did not keep the sidewalk in a reasonably safe condition. The law in New York requires a building owner to keep the sidewalk in front of the building in a reasonably safe condition. Jaroslawicz & Jaros then obtained a substantial settlement for this client.

If you or someone you love has been seriously injured in a slip, trip and fall accident you should always get in touch with an experienced New York City slip, trip and fall lawyer. With over four decades of experience in slip and fall cases, and having helped shape the New York State law, the lawyers at Jaroslawicz & Jaros are perfectly positioned to help.