Collecting evidence, such as photographs, right after the slip and fall accident occurred is important because evidence of snow or ice on the sidewalk can be quickly removed or destroyed.
New York, NY (PRWEB) November 13, 2010
With winter weather right around the corner, New York City slip and fall attorney David Resnick says it is a good time to remind pedestrians to be prepared if they fall on a patch of ice or snow that a property owner has carelessly failed to remove.
Depending on where the slip and fall occurred, either the city or a private property owner could be held liable for exposing pedestrians to the wintertime hazard on a sidewalk, boardwalk, underpass, pedestrian walk or path, step or stairway, Resnick says.
All too often, he says, injured pedestrians will walk away from such accidents without getting information that could be crucial if they decide to pursue a negligence claim that could compensate them for their medical expenses, lost wages and pain and suffering.
“Your first concern should always be your health and safety, so you should contact EMS right away to examine you and, if needed, to transport you to an emergency room for treatment,” he says. “However, if you are able, you should stay on the scene and try to collect as much information as you can.”
Resnick, whose law firm, David Resnick & Associates, has successfully secured verdicts and settlements for numerous slip-and-fall victims, says the information could include:
- The name, address and phone number of the property owner and any eyewitnesses;
- The property owner’s insurance information; and
- The police accident report number and the name and phone number of the officer.
If possible, Resnick says, the injured pedestrian should use a cell phone or camera to take photos of where the sidewalk slip and fall happened.
“Collecting evidence, such as photographs, right after the slip and fall accident occurred is important because evidence of snow or ice on the sidewalk can be quickly removed or destroyed,” he says.
According to the National Climatic Data Center, New York City sees about 28.4 inches of snow, sleet and ice pellets each winter, with the first icy precipitation coming as early as November.
Under Section 7-210 of the New York City Administrative Code, the owner of real property abutting a sidewalk can be held liable for any property damage or personal injury, including death, caused by the failure to maintain the sidewalk in a “reasonable safe condition,” such as failing to remove snow or ice from the walkway.
This liability provision, however, doesn’t apply to one-, two- or three-family residential buildings that are owner occupied and used exclusively as a residence.
Section 7-201 allows for lawsuits against the city, under certain circumstances, if the trip and fall occurs on city-owned property, such as a park or bus stop.
About David Resnick & Associates, P.C.
David Resnick & Associates, P.C. is a well-respected New York City accident and personal injury law firm. The firm handles slip and fall cases, premises liability cases, automobile accidents, pedestrian accidents and other injury claims in New York City's five boroughs of Manhattan, Brooklyn, Queens, Staten Island and the Bronx. For more information or for a free, no-obligation case consultation, call (212) 279-2000 or use the firm’s online form.