We recently discussed several common types of knee injuries and how best to treat them. Knee injuries can occur after a variety of different accidents, including traffic accidents, falls from height, as well as slips, trips, and falls. Below, we discuss slip and fall knee injuries, including injuries commonly suffered in a slip and fall and how you should approach seeking compensation. Call a seasoned New York slip and fall lawyer for help with a New York premises liability claim or any other negligence-based lawsuit.
Common Knee Injuries After a Slip and Fall
Slips, trips, and falls can happen for a variety of reasons. You could trip over an uneven surface, a discarded tool or piece of equipment, or slip on a wet or icy floor. Any of these events can easily lead to one or more knee injuries. The knee is a complex joint, and undue pressure, hyperextension, or sudden twisting motions can easily lead to a tear, sprain, or break.
Common knee injuries after slip and fall accidents include:
- Knee fractures
- Torn ACL or MCL
- Tendonitis and torn tendons
- Torn meniscus
Can You Sue for a Slip and Fall Knee Injury?
If your knee injury was caused by someone else’s negligence, then you might have a claim for damages. Unlike New York car accident claims, which require a “serious injury” before you can seek damages directly from an at-fault defendant, with slip and fall claims you can go directly to the responsible party. With help from a seasoned premises liability attorney, you can pursue damages against the party responsible for your knee injury–likely the owner or operator of the premises on which you fell–and collect your compensation from that party or their insurance.
To recover, you will need to establish that the at-fault party breached their basic duty of care. If you are on a public, commercial property, such as a grocery store, you must generally establish either that the store created the hazard and failed to warn or protect against it (such as by mopping the floor and failing to set up a “wet floor sign”), or that they should have known of a hazard and allowed it to continue to pose a threat (such as a spill that kept the floor wet for an hour). If you are in a private residence, such as inside someone’s home or apartment, your burden will be greater; you will likely need to prove that they actually knew about a hazard and failed to warn you or otherwise protect against injury.
In either case, there are important steps to take to protect your claim, including:
- Remain at the scene long enough to notify the premises owner of the accident, and collect contact information from eyewitnesses if possible
- See a doctor as soon as possible after the injury for diagnosis and treatment
- Take photographs of the scene of the accident and gather other evidence such as security camera footage
Trusted Advice and Representation For Your New York Knee Injury Claim
If you have suffered a serious knee injury as a result of someone else’s negligence in New York, find out if you’re entitled to compensation by calling the dedicated and talented New York personal injury lawyers at the Bronx offices of the Kohn Law Firm for a free consultation at 718-409-1200.