This past winter was brutal and the icy conditions created a hazard for pedestrians. In the months of January and February, our office was inundated with calls from persons who were injured due to dangerous ice conditions. Unfortunately, falls on ice can result in very serious injuries.
Firstly, these types of falls are often unanticipated by the pedestrian. As a result, the pedestrian cannot take measures to mitigate the fall. In other words, these people fall HARD! A person who is suddenly falling to the ground usually does not have sufficient time to decide how to minimize the impact. Fractured bones and torn tendons and ligaments are common.
There are some issues that we should examine regarding ice cases. One is that a quick response to investigate the scene is essential. The injured person (if they are physically able to do so) should take photos at the scene. If they are not able to do so, they should ask witnesses to take photos of the icy conditions. If no witness is available, the injured person should ask anyone who arrives at the scene to take photos (e.g., persons who walk by post-accident). Family members and/or friends should go to the scene and take photos as reasonably soon as possible.
A lawyer should be consulted immediately. The attorney will use an investigator to take photos if no other person has done so. (In fact, the investigator will take photos of the scene regardless if they client has done so or not). The investigator will seek witnesses to the accident, as well as searching for video surveillance which may have recorded the accident.
Some ice cases may require to use of an engineer. For example, if a defective drain on a homeowner’s property caused water to go to the area of the icy condition, then the negligence of the homeowner must be investigated.
Ultimately, a law firm such as the Law Firm of Charles DeStefano can professionally handle your claim. We have over 25 years of experience as accident lawyers and our investigator is a retired NYC Police captain with over 30 years of investigative experience. Contact the Law Firm of Charles DeStefano and we will help you with your slip and fall case.