ROCHESTER, N.Y. – All slip-and-fall accidents are preventable, yet they still send over 8-million people to the emergency room each year. They’re the top cause of injury-related deaths for people 65 and older. What’s worse: they’re usually not your fault! Our Rochester slip-and-fall accident lawyers hear from these victims all the time, and one of the most common questions we hear is, What Should I Do After a Slip and Fall Accident?
By law, public buildings, homes, parking lots, and walkways must remain clear of obstruction and be maintained to ensure safety.
This is a concept known as “premises liability” in which the owner or the person responsible for maintaining the property has the responsibility to keep others safe. If you were seriously hurt after slipping, tripping, and falling on someone else’s property because of negligence, you have the right to seek compensation for your suffering.
What Should I Do after a Slip-and-Fall Accident?
As with any accident, if you have suffered an injury after a slip-and-fall the most important thing you can do is seek medical attention and treatment. Not only should your health be your top concern, establishing medical records about your injury is vital in bringing forth a substantial lawsuit.
Report the Accident
Any slip-and-fall accident should be reported, no matter how benign it may seem at first. Whether you fell in a retail store, a public building, or at a friend’s place, there is always a way to notify authorities. Make sure the manager, owner, or landlord of the premises knows about your accident and record the details in writing. Request a copy of the report before you leave.
Chances are, you’re not the only witness to your fall. If anyone around you witnessed the incident, write down their names, addresses, and phone numbers. These contacts may come in handy should the liable party dispute your claim. Even if a person in the premises did not see you fall, he or she could back up your account of the conditions that led to your falls, such as the lighting, the conditions of the floor, and more.
You should take photographs of the accident scene if you are physically able to. Focus on the conditions that led to the slip or trip that prompted your fall. If anyone has commented that the situation has happened before, make a mental note of that and ask for the person’s name before you leave. When you get home, you should also take photos of your physical injuries.
Refuse to Discuss the Accident
It’s important to avoid discussing your condition with the property owner or manager. Do not post any content about your accident on social media; the liable party’s insurance company may use that as evidence against your claim. Limit all communication about your accident until you speak with a qualified premises liability lawyer in Rochester.
Contact an Attorney
A qualified slip-and-fall attorney in Rochester with Cellino & Barnes will help you navigate the complex process of filing a personal injury lawsuit. Our goal is to help you receive the compensation you deserve by law for your medical bills, lost wages, and even your pain and suffering. Call us for a free consultation or reach out to us online.
NEW YORK – The snow storm on Thursday brought nine inches of snow to the metro area, and it created some slick conditions that have frustrated, and even injured New Yorkers for days.
The storm not only coated city streets with a layer of snow, it also made sidewalks and pathways messy for the millions of people who use them to get to work. As the snow plows cleared the streets, it left some icy areas on sidewalks where the snow banks could build-up.
In most cases, someone is responsible for moving that snow from pathways, but that doesn’t always happen in a timely fashion, if at all.
A Brooklyn slip and fall attorney at Cellino & Barnes says most property owners have a few hours after a storm to remove snow and ice from sidewalks, entryways, and staircases.
“It is part of the responsibility that comes with owning or managing property and businesses in Brooklyn,” slip and fall lawyer Steve Barnes said. “It’s also a safety hazard, and a lot of people don’t realize just how dangerous an icy walkway can be.”
The dangerous aspect of icy sidewalks and stairways hit headlines on Friday when a New York doorman slipped on a step and crashed through a glass door. The broken glass caused a deep cut, which ended up killing him, DNAInfo reported.
Similar slip and fall accidents across Brooklyn have resulted in broken bones, torn ligaments, ruptured disks, and concussions.
It’s difficult to estimate how much business owners have budgeted for snow and ice removal, but the city set aside $88 million to clean-up snow this winter alone. With more than 2,300 snow plows and spreaders in city, that job can be done rather quickly.
Clearing the snow and ice is often a more grueling adventure for property owners, who often do the work manually. However, it’s a responsibility that could help save entire families pain and suffering.
WHAT TO DO WHEN THE ICE GETS UNDER YOUR FEET
Falls are some of the most common accidents behind emergency room visits in New York City, and there’s clear uptick of slip and fall incidents during the winter months when the snow falls, melts, and solidifies into icy mounds.
If you slip and fall on an icy sidewalk or staircase, it’s probably not your fault. In fact, victims may be entitled to compensation in many cases.
The Brooklyn slip and fall lawyers at Cellino & Barnes have helped many New Yorkers maximize their compensation by fully investigating the incident, including how long it took property owners to address the problem.
When winter is at its worst, all New Yorkers must do everything they can to make public – and private – pathways safe for everyone else. If you’ve been hurt, contact the Brooklyn slip and fall attorneys at Cellino & Barnes today for a free case evaluation.
NEW YORK – Our city is a beautiful place to take a walk, but it’s becoming risky to stroll through some neighborhoods. It’s not crime you’ll have to worry about – it’s the deterioration of some pathways.
Some neighborhoods feature walkways and steps that are overgrown with weeds, falling apart into debris, or they’re just uneven, making them dangerous for anyone who uses them. According to the Riverdale Press, residents are expressing concern over the shape of the pathways and staircases in the northwest Bronx.
Even community board members say most of the walkways are in a state of disarray. The problem has become so prevalent that neighborhood leaders are developing “report cards” for area pathways.
This problem isn’t specific to the Bronx; in fact, there are walkways all over New York that are crumbling to the point where people can get seriously injured.
Some paths are difficult to navigate in warm, sunny conditions. An overgrowth of plants and weeds obstruct some walkways from being usable. And when colder weather hits the Big Apple, water becomes the real problem, coating the already dangerous walkways – both public and private – with a layer of ice.
Thousands of New Yorkers use these pathways every day to get to work, school, or local marketplaces. Depending on the location of these crumbling walkways, the responsibility to keep them clean and safe may fall in different hands.
Most public paths are maintained by the Transportation Department while others, such as those in an apartment complex, could fall under the responsibility of private owners. In either case, there is an obligation to keep any walkway or staircase in a clean and safe state.
This could include:
Fixing uneven paths, where there is a tripping hazard
Removing potentially dangerous debris
Trimming plants and shrubs to avoid dangerous overgrowth
Clearing snow and ice from walkways
In many cases, there is work being done to correct the problems, but until New York’s crumbling sidewalks and staircases are fixed, someone could get seriously injured.
WHAT TO DO AFTER TRIPPING OR SLIPPING ON A WALKWAY
Falls are one of the leading causes of accidental injury in New York. These injuries can often be traced back to negligent property owners who failed to maintain their paths, or clear them of snow, ice, or other debris.
When a person gets injured in a trip or slip and fall accident, the medical expenses can often exceed $15,000 or more. Dealing with negligent property owners or cut-rate insurance companies makes the problem even more frustrating for victims, who are already struggling to pay the medical bills or get to work.
If you’ve been injured after tripping or slipping on a crumbling pathway or staircase, there are people who can help. The Bronx slip and fall lawyers at Cellino & Barnes have been trusted by New Yorkers for over 50 years, and they have experience finding the negligent party and holding them accountable.
A Bronx slip and fall lawyer can also help victims maximize their injury claim, which can help cover the costs for medical bills, day-to-day expenses, lost time and work, pain and suffering, and more.
When a crumbling or slippery pathway puts you or your loved one in the hospital, contact the team that has helped thousands of New Yorkers get the best result possible.
ROCHESTER, N.Y. – Now that a fair amount of snow has fallen on Western and Central New York, the slopes are open. But skiing and snowboarding have several risks, and local emergency rooms are already reporting a plethora of injuries.
New York State has more than 40 ski areas, more than any other state in the country, according to Ski Central. All of these areas have certain standards and safety regulations that ensure that visitors can not only have fun, but avoid a serious injury as well.
There’s a fine line between safe skiing and fun skiing. With too many regulations, the ski resorts would likely lose business; but too few regulations could be dangerous, or even deadly.
That’s why safety advocates are urging skiers and snowboarders to use extreme caution on the trails this month. Many of those who will be at the resorts this weekend haven’t been on the slopes in quite some time.
“We had a mild winter last year and this winter has been relatively mild as well, so there haven’t been many opportunities to go skiing or snowboarding around Rochester,” slip and fall lawyer Ross Cellino said. “It’s really important to take it easy the few times on the slopes, and be extra careful getting on and off chairlifts.”
Not all injuries happen on the slopes. Many accidents occur on ski lifts and near lodges. In almost every case, ski areas are required to get permits to operate chairlifts, and officials regularly inspect ski areas for possible malfunctions or safety concerns.
In many cases, the injury may not be the result of a lift malfunction; operators also have a responsibility to make sure skiers safely proceed onto a lift platform and unload in an equally safe manner.
Although skiing and snowboarding has its risks, Rochester slip and fall lawyers at Cellino & Barnes say most injuries occur off the slopes, at other areas where snow and ice can build-up to dangerous levels.
THE RISKS OFF THE MOUNTAIN
One of the things skiers enjoy most about the sport is going to the lodge afterwards for a hot cocoa. Many of the injuries that occur at ski resorts, and other businesses in the winter, occur near establishments where melting snow and ice has puddled on the floor.
Businesses and property owners have a responsibility to keep heavily trafficked areas safe and clear of snow and ice. Unfortunately, this duty is often neglected, and people can get seriously injured as a result.
If you’ve fallen on slippery floor, you may be entitled to significant compensation. The Rochester slip and fall attorneys at Cellino & Barnes have helped many victims get the best result possible from an injury claim; and they can help you and your family maximize the compensation you’re entitled to.
NEW YORK – Most of us have witnessed and perhaps even experienced how painful the holidays can be. And these accidents are often highlighted in many movies our friends and neighbors watch on a yearly basis.
The two burglars from Home Alone suffered immense injuries: stepping on broken ornaments, grabbing a red-hot door handle and getting whacked in the head with a shovel. Somehow, Harry and Marv lived to torment Kevin in a sequel.
I can’t even begin to describe the many accidents Clark Griswold endures in Christmas Vacation. Aside from crashing his car into a snow bank, Clark found himself in several other painful predicaments.
Although these films are dramatized, holiday accidents are often real – and really painful. A New York slip and fall attorney at Cellino & Barnes says there are many ways things can go wrong during the holidays – and we now have statistics to show for it.
“Aside from car crashes, thousands of people can break a bone or get a concussion by falling on ice – and there’s plenty of ice this time of year in Manhattan,” slip and fall lawyer Ross Cellino said. “It’s the most common type of injury during the holidays.”
The Consumer Product Safety Commission keeps track of most of these injuries in an effort to prevent them from happening more frequently. Some of the most common holiday-related accidents are not unlike those your favorite characters encounter in the movies either; aside from car crashes and falls, these yuletide accidents include:
Hit with something
Children are also at risk during the holiday season. Many young children simply love sticking things in their mouths – including Christmas lights, ornaments and other decorations. In total, it is estimated that more than 90 children will visit emergency rooms this time of year for injuries that can be traced back to the holiday spirit.
However, the most at-risk age group are middle-aged Americans – and many of them are injured doing Clark Griswold-esque activities. The CPSC described more than 130 incidents of people between 45 and 65 suffering foot fractures, shoulder injuries, back injuries, and concussions from falling off ladders or getting electrocuted while trying to break a world-record for most Christmas lights drawing power from a single plug.
The Manhattan slip and fall lawyers at Cellino & Barnes say it’s important for holiday cheermeisters to keep safety first this season:
Make sure sidewalks and steps are clear of snow and ice
Keep children away from breakable or sharp objects
Use a ladder on steady and even ground
Keep your home tidy to avoid tripping on loose decorations
Avoid overloading electrical outlets
Read directions for toys and kitchenware
And drink responsibly
According to the CPSC, many of the holiday-related accidents are also fueled by alcohol.
The Manhattan slip and fall attorneys at Cellino & Barnes urge any accident victim to seek immediate medical attention. In many cases, those who have been injured may also be entitled to compensation. If you’ve been hurt by someone else’s negligence, call an experienced attorney at Cellino & Barnes today for a free case evaluation.
ROCHESTER, N.Y. – Many of us start our day by putting on our boots, grabbing the shovel and heading outside to clear our driveways and sidewalks.
At least, you’re supposed to clear your sidewalk. In many cases, your neighbors might let it go but a Rochester slip and fall lawyer at Cellino & Barnes says neglecting to shovel your sidewalk could leave you on the hook if anyone is injured.
“Everyone knows they’re supposed to clear their sidewalks but every year, we see a spike in the number of accidents in Rochester,” slip and fall attorney Ross Cellino said. “When the snow is packed down due to foot traffic, it can form ice and we all know how dangerous that can be – and how difficult it can be to remove ice. So, it’s always a good idea to clear a path before it’s too late.”
Shovelers also need to take care of their own health. Rochester slip and fall lawyers say shoveling or firing-up the snow blower seems like a simple activity but they’re more dangerous than homeowners are willing to admit.
A recent study found that more than 11,000 people are hospitalized every year for injuries suffered while moving snow. Thousands more likely tweak a muscled and don’t visit the doctor for weeks or months – by that time they may have forgotten how they got injured in the first place.
Before you head outside in the morning, doctors recommend three important health tips to make sure you get rid of the snow efficiently and safely:
1. Lift with your knees, not your back – using your back muscles are a sure way to pull a muscle
2. Dress for the weather – it goes without saying: it’s cold outside. Muscles tend to operate more efficiently when they’re warm and the best way to stay warm when it’s below freezing is to wear layers and keep your extremities covered.
3. STOP if you’re feeling tired. The most common reason for hospitalization is exhaustion
If you experience any chest pain or have shortness of breath, it’s important to stop immediately and if it persists, contact a doctor. In many cases, these symptoms can be related to heart disease.
When you aren’t physically able to remove the snow, it’s still not an excuse to let the white stuff pile up. Rochester slip and fall attorneys say homeowners are usually granted a 24-hour “grace period,” so the second the snow stops falling, the clock is ticking!
If you don’t remove the snow in time, you could face a $150 fine or worse – someone gets hurt trying to traverse your Siberian-styled sidewalks.
Rochester slip and fall lawyers recommend calling a snow removal service in your area if you cannot physically remove the snow yourself. In many cases, you and your neighbors can rely on these services 24/7 and save someone else from a visit to the emergency room.
Unfortunately, many of your neighbors forego this responsibility and thousands of people get injured attempting to walk a slippery sidewalk. If you are one of those victims, Cellino & Barnes has helped countless others like you get the best result possible. Contact a Rochester slip and fall lawyer today for a free case evaluation.
ROCHESTER, N.Y. – Like it or not, the cold temperatures are here and when the mercury dips below freezing, there’s a chance you can get injured – or be on the other end of a personal injury claim.
Each year, millions of people slip on ice. Not only can a fall like that be painful – it can be costly too. Slips on ice account for over 30 percent of all slip work-injury claims, an analysis by the Accident Fund Insurance Company of America found.
Generally, slip and fall victims are awarded significant compensation when their attorney can prove that an employer or a property owner did not supply a reasonably safe environment for their workers, customers, tenants or others. So, the best way to avoid being liable for a slip and fall injury is to prevent one from happening this winter.
A Rochester slip and fall attorney at Cellino & Barnes says there are several precautions property owners can take to make sure they’re doing everything they can to avoid an accident – but many people neglect these safety measures.
“Snow and ice removal can be a frustrating chore but it’s one we’ve come to expect living in Rochester,” slip and fall lawyer Ross Cellino said. “Luckily, it’s not a difficult job and there are many ways property owners can safeguard themselves – and others – from a devastating accident.”
Look for leaks. When the temperatures drop, water forms ice. The best (and easiest) way to avoid an ice problem is to eliminate any leaks that could form an icy patch. If some of these leaks cannot immediately be fixed, close off the area.
Check for ice. This seems obvious but many injuries happen in places that property owners don’t look. Regularly check pathways (both high and low traffic areas) for ice build-up.
Signage. It’s always a good idea to invest in some signs to warn people entering or exiting a building that certain areas may be icy or slippery. These signs should be clearly visible and noticeable by anyone who could be walking in the area. Simply alerting people that a floor may be slick tells them to walk a little slower and more carefully.
Melt the ice. There are several cost-effective solutions you can find at hardware stores to avoid the build-up of ice. Simple rugs can be placed at entrances inside a home or business. Outside, the old shovel and scrape is the best technique as it eliminates ice and snow.
Sidewalk salt can be used but it comes with some issues: Ice takes a while to melt and as it turns into water, it can make the area even more slippery.
Many of these ‘tricks’ are simple and can improve safety rather quickly but a Rochester slip and fall attorney says many people, unfortunately, neglect their responsibilities as a property owner and eventually, someone can get hurt.
If you’ve been injured after slipping and falling on ice, the Rochester slip and fall lawyers at Cellino & Barnes can help you get the best result possible. As one of the most recognizable personal injury firms in Western and Central New York, many of your friends and neighbors have trusted Cellino & Barnes to help them get compensation for their injuries. The firm’s ‘No Fee Promise’ guarantees injured victims that their lawyer will always put the clients’ interests first. Contact one of their Rochester slip and fall attorneys now for a free case evaluation.
BUFFALO, N.Y. – Slipping on a wet floor or tripping on loose carpet sounds like a simple misstep but these falls can put a person in the hospital – at any age.
Falls are now the leading cause of death among seniors and one of the leading causes of hospitalization among those younger than 65, according to the U.S. Department of Health and Human Services. According to federal data, falls can be very deadly too. The number of fatal falls nearly doubled from 2000 to 2013 among those 65 and older.
A Buffalo slip and fall lawyer at Cellino & Barnes says almost every fall is preventable and many accidents occur in public areas like shopping centers and parking lots.
“Think about all the times you’ve seen a wet floor in a supermarket or black ice on a sidewalk in Buffalo,” slip and fall attorney Steve Barnes said. “Negligent property owners that don’t address these hazards put people’s lives at risk and sometimes someone gets injured as a result.”
It’s estimated that one-third of those who fall will suffer an injury that will require treatments. Researchers found that most people who fall don’t address the incident at all, which can often detrimental to their overall health.
“All it takes is one misstep to lay the groundwork for future injuries,” Barnes said. “In many cases, what may seem like ‘minor’ damage can actually cause a person to fall again and the injuries the second time around can be much more severe.”
Doctors suggest getting a check-up immediately and some treatments can help minimize the risk of repeated fall.
When a person does get hurt, the bills don’t stop coming in the mail. The Buffalo slip and fall lawyers at Cellino & Barnes have helped Western New Yorkers recover millions to help pay for medical bills, lost wages and other expenses. In many cases, a legal claim can also spark impactful changes that will help your friends and neighbors.
These changes could include the installation of railings around steps, swift removal of obstacles like ice or standing water, or adding lighting in dark areas.
There are many preventative measures that can be taken to reduce the risk of falls but many public areas Western New Yorkers frequent every day lack these vital safety improvements.
ROCHESTER, N.Y. – If you’re reading this, chances are you’ve fallen at least a few times in your life. Usually you can simply pick yourself up and continue your day but sometimes a fall can cause catastrophic injuries; and as one recent study found, falls can be deadlier than car crashes.
“Falls are surprisingly common but we rarely hear about them because some victims believe their fall was ‘embarrassing’ even though it’s often not their fault in Rochester,” slip and fall attorney Ross Cellino said. “Almost all of our clients’ injuries were preventable.”
An estimated 2.5 million Americans over the age of 65 are treated in emergency rooms for falls every year. Most often, they suffer head injuries or a hip fracture but falls can also result in wrist injuries, spinal cord injuries and ankle sprains.
The U.S. Centers for Disease Control and Prevention said falls, above car crashes, are the most common cause behind concussions and other traumatic brain injuries. It is estimated that falls cost Americans over $34 billion in direct medical costs each year.
The Australian trauma report, released in July, noted a significant rise in serious injuries and fatalities among older men, falling from ladders and falls contributed to a significant number of work-related deaths and injuries.
“Construction workers, for example, are at a high risk for fall-related injuries,” Cellino said. “Thousands of workers are hurt on the job every year after falling down stairs or falling from a height and many times, our investigation finds that companies aren’t implementing sound safety plans to prevent these injuries.”
It’s estimated that around 40 percent of fatal construction accidents occur as a result of a slip or fall. The newest information found that home builders and painters face the greatest risk of falling.
Cellino & Barnes is a proud supporter of the Rochester, Central New York and Western New York communities. Our lawyers are honored to help their neighbors obtain justice and recover from a variety of personal injuries.
If you’ve been injured, a Rochester slip and fall attorney at Cellino & Barnes could help you obtain the best result possible.
NEW YORK – You probably have the app on your phone even though it has only been around for a week. Pokémon Go is already the most popular app on Android and iOS and it will soon have more daily users than Twitter. Although it’s just a game, we’re already seeing some real-world affects.
The new augmented reality game uses GPS to send players on an adventure through their cities, towns and countrysides on a quest to find Pokémon – creatures created by the popular Nintendo games in the 1990’s.
The game encourages players to get outside and visit local landmarks or historical markers to restock on valuable in-game items; but a New York slip and fall lawyer at Cellino & Barnes says exploration is often paired with risk.
“Players have their eyes locked on their smartphones and we’ve already seen tragic incidents occur since the game was released in New York,” slip and fall attorney Ross Cellino said. “People are suffering real-world injuries simply walking down the sidewalk because they’re so fixated on the game.”
One person claimed on Reddit that they slipped and fell down a ditch, leaving them with a 6-8 week recovery period. Other reports suggest the handheld game played a factor in car crashes and other accidents.
The game has also been linked to violent crime, in at least one case. According to the O’Fallon Police Department in Missouri, robbery suspects the app’s geolocation feature to target and lure players into a secluded trap. The suspects were later apprehended by police officers but only after nearly a dozen teenagers were robbed.
Other incidents can be startling. For example, a Wyoming teen stumbled across a dead body near the banks of the Big Wind River.
With the game’s popularity reaching new highs every day, the New York slip and fall lawyers at Cellino & Barnes urge players to use caution – both inside and outside their vehicles.
“No one should be playing any type of distracting game while behind the wheel but even outside the car, there’s a real risk of danger,” Cellino said. “We see these all the time; uneven sidewalks, slippery floors and stairways – they’re already dangerous areas but they’re even more hazardous when a person is not paying attention to where they are going.”
Some aspects of reality games can be beneficial: they promote physical activity and can create social connections but the safety aspect is often neglected.
Cellino & Barnes has offices across New York State, including three in the Greater New York Metro Area. For office locations and more information about our New York slip and fall lawyers, find us on LinkedIn.
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.