Categories
Slip and Fall Law

Elliot Ifraimoff on New York Slip and Fall Law

It’s no secret that walking in New York City can be tricky. During the warm months, parts of the sidewalk may be broken, and shopkeepers may put some of their products on display in the walking path. When the winter sets in, ice and snow make walking downright treacherous.

Of course, outside isn’t the only place you may slip, trip or fall. If store managers don’t keep the interior of their shops free of obstacles on the ground, injury may occur.

As a New York slip and fall lawyer, Elliot Ifraimoff has seen many of these sorts of cases. Too often, the lawsuit doesn’t move forward because the victim didn’t take the proper steps to validate their claim.

Here’s what you need to know about slip and fall cases in New York, and the pitfalls to avoid.

What Is a Slip and Fall?

Slip and fall is categorized under general premises liability law. Essentially, property owners and managers who have people regularly come onto their property have a duty to keep it clear of obstacles and other issues that could cause people to fall. These issues could include:

  • Boxes
  • Torn carpet
  • Poor lighting
  • Snow on a walkway
  • Puddles in stores

It’s not enough for these elements to be present to warrant a slip and fall case. Though it can become more nuanced, in general an injury had to occur due to the issue. Further, the person or party responsible for the property must have known (or at least should have known) that the hazard existed.

For instance, say a store owner has had boxes on the ground for weeks that need to be unpacked. Someone trips over them, falling and breaking their nose. That could be grounds for a lawsuit, since the owner knew of the hazard and had a reasonable amount of time to remedy it.

However, say a customer spills a drink, and just moments later, someone slips and falls in the drink, injuring their arm. It could be argued that the store owner didn’t have time to know about and/or remedy the situation before the incident occurred. As such, they may not be held liable.

These are broad case examples. For you specific injury, it’s important to speak to New York slip and fall lawyer Elliot Ifraimoff to determine if you’re entitled to compensation.

New York’s Statute of Limitations

Like most other personal injury cases against individuals or private entities in New York, a slip and fall lawsuit must be filed within three years after the incident. A shorter time limit of 1 year and 90 days applies when a municipality is a defendant.

This time limit is called the statute of limitations. If you file a suit after that time, the court most likely won’t hear your case. There are some exceptions, but they are rare.

However, it’s not just injuries you could sue for. Say you fell on someone’s property, landing on your Rolex. The watch breaks, and you’re out a few thousand dollars. You have three years to file a property damage claim due to a slip and fall to recover the value of the watch.

Whether you’re injured or your property is damaged, the entire case will be based on whether the property owner acted negligently. As mentioned before, this means you must prove that the responsible party knew about the hazard, had a reasonable amount of time to remedy it, and still did nothing.

Arguments the Defendant Could Make

There are many ways a property owner or manager could defend themselves against a slip and fall lawsuit. For example:

  • You were somewhere visitors generally aren’t allowed, such as a staff-only supply closet
  • You weren’t being observant of your surroundings, and/or the hazard should have been obvious to you
  • Your footwear was not appropriate for the situation, such as wearing flip flops while touring a factory
  • Reasonable steps were taken to alert visitors of the hazard, such as “Wet Floor” signs

Moreover, there are specific reasons your case could be dismissed in court. It’s important that you work with a New York slip and fall lawyer to ensure these arguments won’t ruin your case:

  • There was nothing provably wrong with the property;
  • If there was something wrong, it was so minor that it couldn’t have caused an injury; and, perhaps most importantly,
  • You can’t identify what defect actually caused your injury.

If you can’t actually point out what caused your injury, the judge will likely be less willing to move forward with your case. However, there are exceptions to this rule that your attorney will review with you.

All of these points add up to one doctrine: the burden of proof. It’s up to the injured party to prove the property owner acted negligently, which led to an injury. If you can’t do that, your case will likely be dismissed.

Speak to a New York Slip and Fall Lawyer Today

One of the best ways to make sure your case doesn’t get dismissed is to talk to an experienced New York slip and fall attorney like Elliot Ifraimoff. During the initial consultation, he can review the details of your case and discuss with you whether or not you have a case that can be won. Call today at (888) ASK-ELLIOT or contact us online for your free, no-obligation consultation.

 

The contents of this blog do not constitute legal advice. Please call an attorney to discuss the specifics of your case. Attorney advertising. Past results do not guarantee similar outcome.

Categories
Construction Law

Elliot Ifraimoff on New York Construction Law

Unfortunately for many, construction is a part of life for New Yorkers. But for workers, constant construction means there’s almost always a job available. Though the work is plentiful for construction workers, so is the risk of injury.

Being injured on a construction site in the city brings different challenges than being injured on the job in different industry. Unfortunately, workers’ compensation often isn’t enough for these types of injuries. As a New York construction injury lawyer, Elliot Ifraimoff has helped many injured workers get the compensation they deserve.

For anyone injured on a construction site in New York, whether a worker or a passerby, there are specific laws dictating how the cases are handled and what compensation can be recovered.

 

Here are the highlights of what you need to know:

Who Is Liable?

For people who work in an office or a warehouse, filing a workers’ compensation claim or other lawsuits is relatively easy, as you can quickly figure out who you can hold liable. But on a New York construction site, it’s much more complicated.

There are contractors, subcontractors and managers or owners of the site that could be liable, just to name a few parties. That’s why it’s important to have a New York construction injury lawyer like Elliot Ifraimoff on your side to help you figure out who is responsible.

In general, a lawsuit can be filed for injuries due to dangerous conditions. It’s important to note that if you win such a lawsuit, you will have to reimburse any workers’ compensation you received.

Workers on High Scaffolds

New York construction injury law has a specific provision for workers who perform their duties at high elevation, whether on ladders or scaffolds. Specifically, workers performing work on repairing or erecting a building are entitled to certain safety equipment.

If such equipment is not provided, and the worker is injured, they may file a lawsuit against the party responsible for supervising and providing the equipment.

If such a lawsuit is won, and it’s proven the worker themselves was not responsible for their own injury, only a portion of recovered workers’ compensation will need to be reimbursed. New York construction injury lawyer Elliot Ifraimoff can provide more detail on the matter.

Strict Liability for Safety Violations

Construction sites are inherently dangerous. However, there are safety codes put in place by local, state and federal governments to deter as many injuries as possible. However, if these codes are violated and that action leads to an injury, New York’s strict liability laws come into effect.

In these cases, it’s not necessary for an injured worker to prove that the person who violated the code was specifically negligent and caused the injury. Just proving they violated safety codes is enough to establish liability.

While the previous section was about work at elevation, safety violations pertain to any worker on site. If you win your case, however, you will have to return a portion of any workers’ compensation you previously recovered.

What Are the Most Common Injuries?

While anything from tripping over lumber to having a brick fall can cause injuries, there are a few types of accidents that happen more than any other, according to the New York City government. These include:

  • Falls
  • Being crushed or stuck
  • Electrocution
  • Acute poisoning
  • Motor vehicle accidents
  • Fires and burns
  • Saw injuries
  • Hyperthermia (overheating)

Speak to a New York Construction Injury Attorney Today

If you’ve been injured on a construction site, you may be entitled to more than just workers’ compensation. After you’ve reported your injury to the property owner or contractor and sought medical attention, call New York construction lawyer Elliot Ifraimoff today at (888) ASK-ELLIOT or contact us online for a free, no obligation consultation.

 

The contents of this blog do not constitute legal advice. Please call an attorney to discuss the specifics of your case. Attorney advertising. Past results do not guarantee similar outcome.

Categories
Car Accident Law

Elliot Ifraimoff on New York Car Accident Law

In New York, taking a cab, grabbing an Uber or jumping on the subway to get around the city is much more common than driving. But that doesn’t mean people are immune to car accidents in NYC. And even though traffic may move slowly, these accidents can still cause devastating injury and property damage.

As a New York car accident lawyer, Elliot Ifraimoff has represented thousands of people who were injured in car wrecks in Queens and throughout the rest of the city. Unfortunately, he’s also seen too many cases where victims didn’t take the right steps after a wreck, according to New York law, and therefore weren’t able to get the full compensation they truly deserved.

It’s important for anyone who drives within the city — and those who drive upstate — to be fully aware of New York car accident law, specifically what you are required to do after a wreck. Elliot Ifraimoff also offers some tips for after a car accident that aren’t required by law, but are still a good idea to keep in mind.

  1. Don’t Leave

This one may seem obvious, but it’s still important to note: It’s illegal to flee the scene after a car accident, according to NY VAT § 600.

It doesn’t matter if the accident was with another driver, a pedestrian or with a parked car. If you cause any kind of damage or injury, or are injured yourself, stay where you are.

  1. Call the Police

Check to see if anyone in your vehicle or the other car(s) are injured. If so, call 911 and get medical help as soon as possible. Always get evaluated by a medical professional, even if you don’t feel hurt. Otherwise, injuries that become apparent later could be written off as not being caused by the accident.

If anyone is injured in the wreck, it MUST be reported to the police immediately, according to New York car accident law. An officer will come to your location, assess what’s happened, and create a police report. That report will note what caused the wreck and determine who’s at fault. You will need to obtain a copy of that report if you were injured and decide you want to file a personal injury lawsuit later on.

  1. Document the Evidence

While you’re waiting for the police, pull out your phone and start snapping pictures. Take pictures of the damage to your car, any injuries sustained and a picture of the other car’s license plate. Talk to any witnesses around who saw the wreck.

If possible, take a picture of the other driver’s license so they can’t say later on that they weren’t involved. Document the road conditions, the weather and anything else that may have contributed to the wreck. Finally, be sure to take down the other driver’s name, contact information and insurance information.

  1. DON’T ADMIT FAULT!

Never, ever admit fault at the scene of the accident. Doing so could mean you have no legal recourse for getting compensation later on. Not only does this mean actually saying the wreck was your fault, but it also means apologizing or even offering to pay for damages.

Moreover, when the police arrive, don’t try to attribute fault to either driver. Simply state the facts of what happened. If the officer wants further detail, tell them you need to speak with your attorney first. Finally, do not sign any documents at the scene.

  1. After You Leave the Scene

Speak to an attorney before you report the accident to your insurance provider. They may seem like they’re on your side, but their main concern is their bottom line. The less they can pay you, the better for them; anything you say will be used to reduce your settlement.

You should also speak to an attorney before accepting any settlement offer. The moment you accept that settlement, you forfeit your right to seek further compensation.

  1. Call a New York Car Accident Attorney As Soon As Possible

Though you are required to have no-fault insurance, you have the right to seek further compensation for certain personal injury losses, including:

  • Pain and suffering from an injury that causes a fracture, significant disfigurement or other “serious injuries” covered by Article 51 of the New York Insurance Law.
  • Fatal injuries (a personal representative of the deceased person’s estate can file a lawsuit).
  • Economic losses, including medical bills and lost wages, that exceed $50,000.

New York car accident law can be confusing. Luckily, you don’t have to face this difficult time alone. If you’re unsure if you have a case for a personal injury lawsuit after a car accident in New York, call attorney Elliot Ifraimoff today at (718) 205-1010 for a free, no-obligation consultation.

We’ll review the details of your case with you to determine the best path forward, whether that’s accepting the insurance company’s settlement or fighting for more compensation. You can visit our office, or we can come to your home, office, hospital room or wherever is most convenient for you. Contact us today.

Categories
Personal Injury Law

Elliot Ifraimoff on New York Personal Injury Law

Elliot Ifraimoff has been a New York personal injury lawyer for over 16 years. In that time, he has answered the questions of thousands of injury victims who were confused about New York’s complex laws.

Understanding your rights after you’ve been hurt by someone else’s actions or negligence isn’t always easy. Luckily, Elliot Ifraimoff is here to talk about the ins and outs of New York personal injury law, and answer some of the most common questions people have.

How Long Do I Have to File a Lawsuit?

After you’ve been injured in New York, you’ll want to explore the option of filing a lawsuit as soon as you can. The statute of limitations for most injury cases is three years from the date of the injury. That means if you wait until after three years to file a lawsuit, it most likely won’t be heard by the court.

A shorter statute of limitations of 1 year and 90 days applies when a municipality is the defendant.

For medical malpractice cases, the statute of limitations is two years and 6 months after the event that led to the injury, or after treatment is completed. However, if a foreign object, such as a sponge, was left in the body, the “discovery rule” is applied. This means you have one year from the time you realized the object was still in your body to file a lawsuit.

Most people who wait too long do so because they aren’t sure if their case warrants a lawsuit. The best thing to do is simply speak with a New York personal injury lawyer like Elliot Ifraimoff to discuss your options during a free consultation.

I Was Injured in a Store, and the Owner Says I “Share Fault” for the Injury. What Does That Mean, in Legal Terms?

New York follows the “pure comparative negligence” doctrine. This simply means, if you’re at fault even a little for your injury, the court will take that into consideration when deciding how much compensation you deserve.

For example, let’s say an unanchored shelf fell on you when you were in the store. However, you were climbing on the shelf to get to an item on the top level. The judge may rule that you were 20 percent responsible for your injury. It’s ruled that you are owed $100,000 in compensation; however, you will only receive $80,000, since you were 20 percent at fault.

Note that negligence laws are only in play during court rulings. If you and your New York personal injury attorney are negotiating with the insurance company, they could bring up pure comparative negligence. But, you’re well within your rights to negotiate how much impact that has on your compensation.

What Are My Options If I’m Bitten By Someone’s Dog?

Dog bites and other injuries are all too common in New York. The state has liability laws that provide recourse to victims of dog attack incidents. That means the owner of the dog is legally responsible for the injuries, pain and suffering and emotional damage of a person who was injured by the dog.

In some cases, criminal charges could be applied to dog bite cases. However, it must have been previously established that the animal was a “dangerous dog”; the owner was negligent and allowed the dog to bite someone; and the victim suffered a serious injury.

“Dangerous dogs” are those who have attacked and either injured or killed a pet, farm animal or person without justification, or behaves in such a way that the owner should know they could cause such injuries.

A Street Light Fell on My Car, Causing Me to Crash. Can I Sue the Government?

Like in most states, suing the government can be tricky. While you have a few years to file a claim in other injury cases, when you go up against the New York City or State government, you need to act fast.

You first need to file a notice of claim against the city, county or state (whichever is applicable) within 90 days. If you’re filing against the city or county, you also have one year and 90 days to file a lawsuit. There are, of course, exceptions to this rule.

One of the main reasons it’s so difficult to file suit against the government is because there are statutes dictating who can sue them, and for what reasons. As such, it’s vital you speak with a personal injury attorney in New York as soon as possible if you think you are owed compensation from the local or state government.

Speak to a New York Personal Injury Lawyer Today

No matter the reason or cause of your injury, if someone else was at fault, you could be entitled to compensation. As you can see, though, waiting too long could mean not getting the money you’re owed. Call New York personal injury lawyer Elliot Ifraimoff today at (888) ASK-ELLIOT or contact us online for a free, no-obligation consultation.

 

The contents of this blog do not constitute legal advice. Please call an attorney to discuss the specifics of your case. Attorney advertising. Past results do not guarantee similar outcome.