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Category: Slip, Trip and Fall Personal Injury Cases in New York

October 21, 2015
Who Is Liable For Trap Door Injuries In New York City

By Michael H. Joseph

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Severe injuries can result when a person trips over a trap door, or falls into open cellar doors which are left open. Often people are walking on the street or exiting a restaurant and without any warning find themselves falling down a cellar. The experience is horrific and can often lead to serious personal injuries. Too often, these accidents are the results of design defects where the configuration is the equivalent of a structural defect which causes a trap for the unweary. Our Manhattan personal injury lawyers have handled thousands of premises liability cases and sustained substantial settlements and verdicts… Read More

March 4, 2015
The Multiple Residence Law, An Overlooked Tool In Stair Accident Cases

By Michael H. Joseph

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Inside New York City, personal injury attorneys are widely familiar with the Multiple Dwelling Law, which only applies to Cities which have one million people or more, which in New York state is only the City of New York. However, for accidents that occur because of unsafe stairs outside of New York City, the Multiple Residence Law applies and has similar protections as those in the Multiple Dwelling Law. A violations of the Multiple Residence Law, establishes a prima facie case that the landowner was negligent per se. Under New York Law, the violation of a specific directive contained in… Read More

March 20, 2013
New Decision In New York Defective Sidewalk Cases

By Michael H. Joseph

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Our New York City and White Plains personal injury lawyers have represented countless people who were injured in a trip and fall accident on a broken sidewalk, defective sidewalk or a pot hole in the street. Often people are initially discouraged from bringing a claim because they are told they cannot sue unless the City or Town had a prior written notice that the sidewalk or street was broken. This is only partially true since there are exceptions to the prior written notice laws, including the cause and create doctrine. Former Mayor Ed Koch, now deceased, first came up with… Read More

February 7, 2013
Slip And Fall Accidents From Snow And Ice In New York

By Michael H. Joseph

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With a winter storm on the way it is an excellent time to review the obligation of property owners to maintain a safe, clean and non-slippery means of ingress and egress from their property. Where a property owner fails to comply with their legal obligations, our White Plains personal injury lawyers who handle slip and fall accidents are ready to help. Our principal office is located in White Plains, NY and like most other local municipalities that have downtown shopping districts, including Yonkers, New Rochelle, Scarsdale it has enacted an ordinance, Municipal Code of the City of White Plains, Title… Read More

December 7, 2012
Slip And Fall In Dirty Places In New York

By Michael H. Joseph

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New York slip and fall cases can cause serious personal injuries that last a life time. Unfortunately, the New York Courts require a high burden of proof to receive compensation for an injury. An injured person in a slip and fall case often must prove that whatever caused the slip and fall, be it water, debris, snow, ice or some other substance was either put there by the owner or it was there for long enough for the owner to discover it and remove it. This is often an impossible task since people don’t know how long the substance was… Read More

October 23, 2012
Slip On Snow And Ice Cases In New York City

By Michael H. Joseph

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Our New York City personal injury lawyers have successfully handled numerous slip and fall cases in the Bronx, Manhattan, Queens and Brooklyn. Contrary to popular belief, just because a person sustains personal injuries from a slip and fall on ice, that does not mean that you automatically have a lawsuit. To have a lawsuit for a slip and fall from ice or snow, the injured person must prove that a landowner was negligent. Negligence, in this context generally means being careless in the maintenance of a property including the entrances, exits and surrounding sidewalks (for commercial properties). Also a landowner… Read More

July 17, 2011
Slip And Fall Accidents On Wet Stairs In New York City

By Michael H. Joseph

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As a New York City personal injury attorney that handles a lot of slip and fall accidents on the stairs, we have become familiar with the New York City Building Code and the New York City Maintenance and Sanitation Codes. In most wet stair cases, you need to show that the owner either created the wet and slippery condition or that they knew or should have known about the water and failed to remedy the condition. This can often be difficult to do and our New York personal injury lawyers have been innovative in closely analyzing the stairway condition as… Read More

June 9, 2010
Slip And Fall Cases In Westchester And New York City

By Michael H. Joseph

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As an experienced New York personal injury lawyer, I have handled more slip and fall or trip and fall cases than I can remember. A person who sustains a personal injury in a slip and fall because of a dirty or wet condition must prove the owner of the land either caused the condition or knew or should have known about the condition and failed to remedy it. The “should have known” doctrine is called constructive notice. Personal injury lawyers may establish constructive notice through evidence that an ongoing and recurring dangerous condition existed in the area of the accident… Read More

 
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