Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
Call or email to schedule a free consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros PLLC
212-227-2780

Slip and Fall Accidents in Nursing Homes

Why is the number of older adults who fall in nursing homes so high?

Slip and fall accidents are common among the elderly, but the rate of nursing home falls is much higher than the rate of falls among the general population. Studies undertaken by the Centers for Disease Control (CDC) show that approximately 1800 nursing home residents die of fall-related injuries each year.  Even for those who survive, these falls are frequently life-altering because they result in serious or permanent disability.

Who Is at Fault? 2 FAQs about Slip and Fall Cases

Whether they happen on a commercial or residential property, slips and falls can cause serious injuries and even fatalities. Not only are these accidents common, but according to the Centers for Disease Control and Prevention, hundreds of thousands of people suffer severe injuries from falling each year.

Am I Able to File a Slip & Fall Claim?

Slip and fall accidents are very common, especially in public places. Under an area of law known as premises liability, victims injured in slip and fall accidents have the right to recover financial compensation for their damages if they can prove certain legal elements, including that the incident was preventable. At Jaroslawicz & Jaros, PLLC, we understand that premises liability claims can be very complex and that they can involve a lot of elements. The type of accident, property where the accident occurred, who the victim was, and other factors can greatly influence the outcome of a case. Whether or not you will be able to file a slip and fall claim is a decision that can only be made by reviewing your unique situation. Firstly, consider where the slip and fall accident occurred. Most commonly these types of incidents happen at:

Jaroslawicz & Jaros File Claim Against Clyde Frazier's Wine and Dine

Jaroslawicz and Jaros have commenced an action against a New York City restaurant called, Clyde Frazier's Wine and Dine - named after and apparently owned, at least in part, by the former New York Knickerbocker's basketball player Walt (Clyde) Frazier. The restaurant is located on Tenth Avenue in Manhattan near Madison Square Garden where "Clyde" Frazier is a sports announcer for the Knicks. A slip and fall incident inside of the restaurant led to our NYC personal injury lawyers to pursue a personal injury claim on behalf of the injured party. The person was injured while trying to carry materials down a ramp leading to an exit of the restaurant. It was dark and the ramp was in a state of disrepair and he was caused to fall and be seriously injured. The personal injury claim is that the owner of the building and operator of the restaurant had a duty to provide a safe place to work and a ramp which was in proper repair without cracks and with proper lighting. If you've been involved and injured in an accident on someone else's property, you might be eligible to seek compensation for premises liability.

New York City woman dead after accidental slip and fall

Property owners and occupiers generally have a legal duty to maintain the property in a reasonably safe condition. Liability for injuries may arise in several circumstances including when an owner or occupier of a dangerous building is aware of a potential hazard on the property and neglects to repair it or warn others about it. Examples of conditions that can lead to liability include defective staircases, ice or snow patches, collapsed ceilings or inadequate security. Recently, a young Manhattan woman was found dead at the bottom of a marble staircase in an apartment building due to what is now believed to have been an accidental slip and fall. The New York coroner declared that the woman died as a result of blunt force trauma to her head and neck, which is consistent with a fall down a flight of stairs. The man who found the woman said she was lying face down on the first floor and that when he turned her over, he noticed blood on her nose, mouth and throat. Although in this case it appears the fall was accidental, if it were due to a property owner's negligence the victim's family may have a claim for a premises liability suit. Courts typically hold that landlords are not liable to tenants for injuries that occur at a leased property, especially if they are due to latent defects. A latent defect is one that is concealed and dangerous, whereas a patent defect is one that is generally obvious to a casual observer. An exception, however, exists for latent defects that existed at the time the tenant took possession of the property. In these cases, if the landlord knew of the defect, he or she may be liable for injuries stemming from it. Premises liability cases resulting in fatalities are tragic and almost always preventable. Landlords and tenants alike should work to maintain safety by looking out for potential dangers in and around the premises. Source: newyork.cbslocal.com, "ME: Socialite Carlisle Brigham's Death Was Accidental," Aug. 28, 2012

Two Construction Accidents at 4 World Trade Center

Just days after the last steel beam was placed on top of 4 World Trade Center, two consecutive work days saw two separate construction site accidents. Last Tuesday, a worker sustained fall injuries after plunging approximately six feet onto a steel reinforcing bar. The worker was taken to the hospital, where he was diagnosed with two broken ribs and a bruised liver. The next day, a crane operator lifted a steel beam that weighed 24 tons and was 53 feet long. According to the vice president of the construction company, a "sudden gust of wind," caused the weight of the load to move. The steel beam then smashed into the 46th floor windows, breaking two 5- by 13-and-a-half feet panes of glass. Pieces of the windows fell to the street below. Based on information from the Fire Department, no injuries were sustained from the crane accident. According to its website, 4 World Trade Center will rise 72 stories upon its completion, towering 977 feet above street level. It is intended to be the fourth tallest skyscraper of the new World Trade Center buildings. The building will contain both retail stores and commercial offices, and is expected to be the new headquarters of the Port Authority of New York and New Jersey. Construction workers are faced with perilous situations frequently. Their employers are responsible for providing them with a safe work environment, including necessary safety equipment. Workers injured on job sites may be entitled to recover damages for personal injuries they sustained while performing their job duties. Source: The New York Times, "Two Days of Trouble Follow a Milestone at 4 World Trade Center," David W. Dunlap, June 27, 2012.

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