Spinal cord injury (SCI) as a result of falls has consistently increased over the last 4 decades in the United States. Data from the National Spinal Cord Injury Database shows that around 30% of SCI are caused by falls, making “slip and fall” the second most common cause of spinal cord injuries after motor vehicle accidents.
Most falls occur at home, and affect elderly people. In the younger population, falls resulting in SCI usually occur at work. But some falls happen on someone else’s property, with contributing factors like wet floors, or broken sidewalks. In incidents like this, you may be entitled to compensation if you’ve sustained a spinal cord injury.
Types of Falls Causing Spinal Cord Injury
- Falls from stairs and steps (16%)
- Falls on the same level from slipping, tripping, and stumbling (20%)
- Falls from buildings and ladders (25%)
Who Is Most at Risk for Falling?
- About 75% of SCI cases occurring among persons 76 years of age and older are due to falls. Elderly people report the highest frequency of falls on the same level. A majority of those slipping, tripping, and stumbling incidents reportedly involve subsequently striking against an object.
- People aged 16–45 years have a higher percentage of falls from buildings, usually work-related. Falls from the roof and balcony accounts for more than half of high falls.
The location of your accident is important. In some cases, another party can be at fault for your slip or fall.
Can I File a Lawsuit if My Injury Occurred on Someone Else’s Property?
If your spinal cord injury was sustained from a slip or fall outside of your home, you may have a case for a lawsuit.
Some falls occur on private property like someone’s residence or a private business.
Property owners have the duty and obligation to maintain their premises in a reasonably safe manner. That includes keeping walkways free of ice and stairs in good repair.
Many cities have ordinances in place. For example in New York City, property owners must clear snow and ice from sidewalks within specific time frames.
If the slip-and-fall accident occurred on public property such as a Housing Authority property, a Transit Authority station, or a poorly maintained city sidewalk, you must file a legal a Notice of Claim within 90 days of your accident. For private property claims the statute of limitations is 3 years.
How Can I Prove Someone Is Responsible for My Injury?
Proving negligence can be difficult in some cases.
Document everything to build your case. Take photos and keep records of communication with the other party.
Provide your medical records detailing the extent of your injuries as well as documentation of medical bills and loss of income.
What Else Do Courts Consider in Negligence Cases?
If there are no city ordinances broken, courts consider whether a “reasonable person” would have taken precautions to avoid causing injury to other parties on their property.
When determining if a property owner’s actions were reasonable, the court must consider:
- how long the unsafe condition existed and whether the owner had time to discover and fix it
- whether the steps taken were appropriate or reasonable
- whether the carelessness of the victim contributed to the slip and fall injury
Can I Be Found Responsible for My Own Injury on Someone’s Property?
You may be unable to recover full compensation for your SCI if you were partially at fault. The court may refer to your “assumption of risk”. The other party may argue that your actions were dangerous, and your injury resulted from your own negligence.
New York is a comparative negligence state. Victims can still receive compensation even if they are partially at fault, but it may be reduced proportionally to your level of negligence.
If you’ve sustained a spinal cord injury from a slip or fall on public or private property we can help. Contact us to discuss your case.
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