New York Accident Lawyer Blog

Sustaining an injury, whether it is a slip and fall or a car accident or something else entirely, can be a scary and confusing time. For many people, sustaining a serious injury is among the lowest points in their lives. It can be particularly confusing when someone else is at fault for your injury. While no one wants to think about bringing a lawsuit immediately after an injury occurs, it is in your best interest to prepare as though a lawsuit will occur.

First, you need to make sure that your medical needs are taken care of. It will not do you any good to start any of the other steps if you have not ensured that your medical needs are met. In fact, it may hurt your lawsuit if you neglect your medical needs, as the defendant could argue that your injuries were increased by a failure to seek immediate medical attention.

Evidence
It is important to retain any physical evidence related to your injury. Preserving any physical evidence of the incident can help to prove your claim in court. You should, when possible, gather the evidence as soon as you can, because accident scenes can change or be altered. For example, make sure you keep any torn clothing, broken equipment and important documents, and try to keep them in the same condition.

Photographs of car accident scenes or the area where someone fell can provide a lot of information for your attorney. Taking photos is very easy, as well, because so many people have smartphones with cameras. You should generally try to take photos of the scene from multiple angles. Remember, it is better to have too many photos rather than wishing you had taken more.

Witnesses
A witness can be very helpful in proving your claims. Once an incident occurs, if you are not too injured, try to obtain the name and contact information for anyone that may have seen what happened. Remember that people may move, ignore phone calls or simply forget, so you should always try to find as many witnesses as possible to ensure that you have someone able to confirm your story.

Police Report
If you are involved in a car accident, or any other incident where law enforcement was summoned, like an assault, then a police report will be created. You are entitled to receive a copy of the officer's police report. Generally, you just need to contact the police department to request your copy, although sometimes it may take a few days and you may be required to pay a small fee.

The police report can provide significant evidence to help bolster your case. For example, in a car accident, the report will often provide a description and diagram of the accident, along with the officer's conclusion regarding fault. Some police reports even contain the names of witnesses. In short, a police report provides information that is valuable throughout the case, from determining whether to sue to settlement negotiations to trial.

Notes
Finally, you should try to write down as much as you are able, particularly right after the incident. Be as descriptive as you can, and include what you noticed about the scene before the incident. Make sure that you take notes regarding exactly what happened, including both before and after the incident occurred. And don't forget to include your emotional state as well, as that can be important. Also, documenting your injuries, and especially any difficulties with everyday life can help to establish how your injuries have affected you.

Every day, thousands and thousands of people go to the grocery store or corner market to buy food and other items that they need for daily life. For the most part, these visits are the same. People enter the store, pick out the items they wish to purchase, check out at the cash register and then leave the store to go home and enjoy their purchases. However, not every visit to the grocery store is without incident, as there are dangers inherent to grocery stores, some hidden and some are more obvious.

Some may sneer at these sorts of incidents, but the fact remains that premise liability incidents occur frequently and local residents are hurt all the time as a result.

As most people know, grocery stores stock produce for customers to purchase. Most produce displays are set up in a way to be attractive to the consumer, without regard to safety. It does not take much for a piece of fruit, like a grape, to get knocked off the display and end up on the floor. Once the grape is on the floor, it becomes a slipping hazard. When a grape is squashed, it becomes slippery and may be enough to cause a customer to slip and fall.

Similarly, grocery stores stock items in glass jars, like pickles, mayonnaise and olives. These types of items pose a double danger. First, another customer may knock a glass jar off the shelf, and very few of them will alert the store personnel. They will simply walk on as if nothing happened. The broken glass creates an obvious hazard, as it may cut anyone that touches it. Additionally, the contents of the glass jar is now spread on the floor, and may not be visible. Like the grape, this becomes a slipping hazard where you may unintentionally fall. This type of situation is arguably worse than that of the grape, because you may fall onto the broken glass, making the injury worse.

Second, glass jars may be stacked precariously on high shelves, or on eye-catching displays. The grocery store's stocking personnel may not consider the consequences when they are stacking mayonnaise jars on a high shelf or on top of display, but many people have been injured when a glass jar or other food item falls from a high area and hits them. It may seem like a falling jar would not cause much of an injury, but glass jars can be very heavy and, particularly with elderly customers, it may not take much to cause an injury.

All grocery stores have refrigerated and frozen sections, where they keep meat, dairy items and other food that must be kept cold. All of the refrigerated and frozen displays create a lot of condensation. The displays are designed to deal with the condensation, so that it does not become a hazard. However, as many people can attest, machines can break. When these freezer and refrigerator machines break, they may begin to leak water onto the floor nearby without anyone noticing. A large puddle on a tile floor can be very, very slippery and may cause customers to fall.

It is always important to be aware of the dangers that may be involved with your typical trip to the grocery store. However, even those that are aware of the dangers may not always escape injury, and when that happens, the store and its insurance company should be held responsible.

All New Yorkers who are hurt in a grocery store accident should take a moment to call the legal professionals at Leav & Steinberg to learn more about how the law applies in your case.

As a New York premises liability attorney, I am all too familiar with the following scenario: It is late at night, you are walking home from work. You trip and fall due to a dangerous and defective sidewalk and fall face forward with your hands out. You land hard on your right arm. First reaction is not to lie there until someone comes to find and help you. The first logical thing most would do is get up and 1) try and see if you are bleeding and if not 2) continue home as its late, dark and likely no one around. At that point you may think you can walk it off or that the pain will simply go away. One may feel shaken or embarrassed and will leave the scene without making a report or advising any responsible party of the accident. Hours or even a few days later one may realize the severity of the injury which may ultimately require significant medical care.

Though leaving the scene is a normal reaction, the lack of documenting your presence at the scene of the accident, has become a potent defense for the responsible party. They will often say that the injured party's claim that they fell where and when they say they did should be rejected since there was no affirmative proof that they reported the accident as soon as it happened.

The City of New York has set up a telephone switchboard system in order to report accidents or dangerous conditions even after one has been injured and left the scene. You can simply dial 311or find out more information on the City of New York 311 website. The service provided will take down the date, time, location and specifics of the accident and will provide a complaint number which will be kept on file with the City of New York.

Though still circumstantial evidence and not as good a reporting the accident right when it happens, this reporting is a "real life" way of advising someone other than your loved ones that you have been injured as a result of a dangerous condition.

At Leav & Steinberg, we have often been faced with this "lack of reporting" defense and have on several occasions been able to sway the juries that the 311 reporting by the client was further evidence that they are being forthright and honest about their claim.

By Edward A. Steinberg