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New York Slip And Fall Lawyers

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Did you suffer an injury in a slip or fall in New York? Our personal injury lawyers can help you get the justice and compensation you deserve.

With over 40 years experience representing fall victims in New York, and a deep understanding of traumatic brain injury, we know exactly what is required to win your case.

Call today for your free consultation.

New York slip and fall lawyers

If you have been injured by a fall, how we can help:

When fall injuries occur, our premise safety experts will investigate to determine if the cause of the fall was related to a defect or unsafe condition. We will research local building codes and other safety regulations to determine if proper standards were followed. We will seek to determine how long the defect or unsafe condition was present and whether the actions of the premise manager or owner was reasonable and appropriate to prevent falls from happening.

For over 40 years, our attorneys have successfully represented fall victims in state and federal courts obtaining fair and adequate compensation for their personal injuries and economic losses.

Our slip and fall lawyers can assist with all fall cases in New York which have been caused by the negligence of another party, including falls that involved:

  • Unsafe stairs including lack of railings, uneven rises, or single step stairways
  • Failure to place proper ramps
  • Poor lighting
  • Tripping hazards such as wires, foreign substances, frayed or damaged rugs
  • Slippery walking surfaces such as fluid accumulation
  • Uneven ground
  • Cracked, broken, raised, or buckled walking surfaces
  • Depressions in walkways allowing water and ice to accumulate
  • Failure to post signs and warnings of potential hazards

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shana de caro & michael v. kaplen

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Falls: The Leading Cause Of Injury For Over 65s In New York

  • Falls are the leading cause of injury-related deaths, hospitalizations and emergency department visits among adults 65 and older, and the incidence of fall related injuries has been rising over the years.
  • According to the New York Department of Health, from 2000 to 2014, the rate of fall-related deaths in New York State increased more than 33 percent, while the rate of hospitalizations increased more than 4 percent.
  • Between 2012 and 2014, 14% of falls in individuals aged 65+ which required hospitalization resulted in traumatic brain injury.
  • In the same period, 22% of individuals aged 65+ who visited the Emergency Department after suffering a fall had sustained a traumatic brain injury.
  • Falls are also the most common cause of injury hospitalizations in New York State among children aged 0-14 and adults 25 years and older.
falls - over 65s

What to do after a fall?

Stay calm, if you your child, family member or other person falls. Take time getting up. If you are in extreme pain, if you cannot get up, seek assistance, and call 911.

When anyone falls and is knocked unconscious, he or she should be immediately taken to a hospital for evaluation. Any delay could be life-threatening.  Even if the injured person did not lose consciousness, a blow or jolt to the head can have serious consequences. The possibility of a concussion or other type of brain injury should not be ignored.

If these symptoms develop seek immediate medical attention:

  • Headache, nausea, vomiting, sleepiness, or problems concentrating
  • Changes in behavior such as irritability or confusion
  • Dilated pupils (pupils that are bigger than normal) or pupils of different sizes
  • Difficulty with walking or speaking
  • Drainage of bloody or clear fluids from ears or nose
  • Vomiting
  • Seizures
  • Weakness or numbness in the arms or legs

Fall Prevention

  • All walkways and stairways must be designed, constructed, and maintained to be safe and free from hazard.
  • Window guards need to be installed to prevent children from falling out of windows. New York City law requires building owners install window guards if a child age 10 years or younger lives there, or if the tenant or occupant requests window guards in all buildings with three or more apartments.
  • Playground surfaces must be made of shock absorbing material to cushion falls.

Find out more about falls and fall prevention, in Shana De Caro’s presentation to the American Association for Justice, titled “Falls: Anyone, Anyplace, Anytime”.

Construction Site Falls

Falls are a leading cause of injury and death in construction in New York State. Falls are preventable injuries through proper planning, proper equipment, appropriate supervision and training.

Before construction and at all phases of the construction project, contractors must determine what fall protection measures should be taken to reduce the risk of falls.

  • Temporary and safe stairways, ladders, scaffolds, and aerial lifts need to be provided which are properly maintained and equipped with proper fall protection.
  • All floor openings need to be properly covered to prevent falls
  • All aerial equipment must have proper and safe railings and tie-off points
  • Personal fall arrest systems must include lanyards appropriate for the work taking place and must have proper tie off points.
  • All ladders must be of proper height, and must be regularly inspected, repaired, and replaced when parts are worn, broken, bent, frayed, or otherwise damaged.
  • The construction site must be routinely inspected for fall hazards and immediate and corrective action must be taken to remedy dangerous and unsafe conditions. 

Low Energy Falls and Traumatic Brain Injury

Why should a fall prompt consideration of a traumatic brain injury?

Falls, particularly in the young and the elderly, are a leading cause of traumatic brain injuries.

Why is it important to consider a traumatic brain injury when a low impact fall takes place?

  • Individuals who experience falls, especially those considered low energy transfer events such as falls from ground level while standing or from low heights, rarely receive proper evaluation or treatment for traumatic brain injuries.
  • A recent large-scale study, involving data from 56 acute trauma centers across 18 countries and over 21,000 individuals, challenges the assumption that the energy involved in a fall can predict the severity of intracranial injury or even death.
  • The study revealed that the elderly, particularly females taking pre-injury blood-thinning medications, were most likely to sustain traumatic brain injuries from low-impact falls. This finding challenges the common belief that energy transfer determines the severity of brain injury.
  • Falls are the leading cause of TBI in individuals over the age of 65.  Age-related changes to the brain and blood vessels increase the likelihood of a significant intracranial injury and decreased recovery.
  • Those who suffered from a low energy fall are as likely as those suffering from a high energy fall to have an abnormal CT scan, and equally likely to sustain significant morbidity and mortality.
  • Most individuals who fall and sustain a traumatic brain injury never lose consciousness.

These important findings emphasize the need to be more vigilant in screening and assessing all fall victims, and especially the elderly for a traumatic brain injury.

And the best cure for any brain injury is prevention.