One of the big jobs facing a Bronx personal injury law firm like Feiner & Lavy is to determine who is truly at fault in a slip and fall accident. This is something that requires us to carefully investigate a situation that could have led to you or a loved one being injured in a slip and fall or trip and fall accident. Why is this important? It’s because in an accident, the responsibility could fall completely on the property owner or another party, or you could have partial responsibility.
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The good news is that most of the time the property owner is the responsible party, and they are willing to accept the blame. In many cases, a business like a supermarket or a convenience store will not invest in very simple things like rugs and mats that could make their patrons safer, and your case is likely not the first one being brought against them. Their stubbornness, ignorance or cheapness has created the problem they faced with your slip and fall accident, and they deserve it.
A good example of how this can be illustrated by something Bronx residents experience almost every year: a snowstorm. New York City has rules that are pretty complicated when it comes to how long a property owner has to clear sidewalks after a snowstorm. If the storm ends between 7 a.m. and 5 p.m., property owners have four hours to clear their walks; if the storm ends between 5 p.m. and 9 p.m., the amount of time for clearing the sidewalks is 14 hours; and if the storm ends between 9 p.m. and 7 a.m., sidewalks must be cleared by 11 a.m. By clearing sidewalks, the city means that a four-foot-wide path must be made, owners of corner properties are responsible for clearing a path to the crosswalk, and they are also responsible for shoveling bus stops. Whew! That’s a lot of variables. And all the City will do if the sidewalk is not cleared is to issue a ticket. The City does not seek damages or prosecute people for this infraction unless, although they may make an exception for a property owner who consistently violates these rules. Breaking the City’s rules won’t necessarily determine the property owner is responsible for your slip and fall.
Regardless of how confusing the City’s has made its rules, the property owner does have a responsibility for abiding by them, clearing the walk, and keeping the area free of debris. Once the storm is over and it’s a day later, there aren’t going to be extenuating circumstances for why the walk isn’t in very good shape for you to pass. And here’s the big part: If the property owner is negligent in clearing his walk or has a history of not clearing his walk in a timely manner, then it strengthens your personal injury case. And there are many property owners in the Bronx who are lazy when it comes to making their walks safe for pedestrians.
Okay, so how could you be responsible? Well, even if the property owner doesn’t do such a good job or there is a broken sidewalk or another hazard, if you can do something to avoid the hazard but do nothing, a judge may say that you have a degree of responsibility. Or if you are walking home at night after a party where you’ve had a few drinks, a judge could conclude that your judgment was impaired, and you share the responsibility for your slip and fall with a property owner. And what is important about this is that it could mean that any settlement we try to reach will be impacted by your portion of the responsibility.
This is why a competent Bronx personal injury law firm, like Feiner & Lavy, is so important in helping to determine if you have a case. It is an essential reason why it’s very important to have lawyers who specialize in this field working for you. We know exactly how to examine an incident and to determine where the fault lies. And from there, we will work tirelessly to get you the biggest settlement available to help you recover from your injuries and restore your lost wages.
If you or a loved one has been injured and need a Bronx law firm to fight for your injury, contact Feiner & Lavy today. Our attorneys have more than 80 years of experience, and we have a broad range of resources available to help you win the settlement you deserve. We are a local Bronx personal injury law firm that knows our courts, our borough and our clients. We pride ourselves on our level of determination and will not stop until our clients’ cases are settled with the highest possible payout. If you believe you have been injured through the negligence of another, call us today at 212-393-9130 for a free consultation.
