Accidents do happen. That is a basic fact of life. But then, when there’s a slip and fall accident, the injuries can be so much that we can’t help to ask ourselves, how did it happen? Who is responsible? Could this be avoided if the negligent party had taken an extra bit of care?
In New York, like in most places in the US, Premises liability is an area of Personal Injury law, which maintains that the landowner or property caretaker owes a certain duty of care to anyone in the property. That means, if you’re a real estate owner, you’re largely liable for any accident that may occur on your property. Slips & falls make part of the broader Premises liability.
New York Slip & Fall Cases
According to the New York State Department of Health, falls are the leading cause of hospitalization, more popular among adults above 24 years and children below 15 years. Fall-related injuries are also the leading cause of death for many NY workers above 45. Fall are also one of the most common injury law claims in NY State as well.
Slip & fall accidents can happen just about anywhere. Every property owner in NY is responsible for the safety of everyone within and about the property. As the property owner, any negligence on your part can create a hazardous environment. If a person slips and falls on your property, injuring themselves, you will be faced with paying so much in compensation if you’re found liable.
Common Causes Of Slips & Falls In NY
- Ice, snow,
- Loose floor mats or rugs
- Poor lighting
- Spills, wet or slippery floor
- Inconsistent flooring surfaces, sidewalks, or elevators
- Cracked sidewalks
- Faulty stairs, railings, or grab bars
- Unposted construction dangers
Proving Slip & Fall Fault In NY
Proving slip and fall injuries anywhere can be difficult, including in New York. To prove that the property owner is liable for the injuries, you have to show negligence on the property owner’s part to keep the property safe.
Usually, people on any property are categorized into three—invitees or visitors, licensees, and trespassers. Your category on the property determines the level of care the property owner owes to you. To make a successful claim, you have to prove that;
- You’re lawfully on the property, as an invitee or licensee, and not just trespassing
- Negligence on the part of the owner in dealing with any potential hazard or unsafe condition on the property
- That your injury was caused by this negligence on the part of the property owner
To successfully make your claim and get the compensation you rightly deserve, you need to hire the services of an experienced slip & fall injury lawyer near you. Your injury lawyer will help you conduct a more detailed investigation and gather compelling evidence to back your claim.
Damages In NY Slip & Fall Cases
The most common damages in New York slip & fall cases include;
- Medical costs
- Lost wages
How Long Should I wait Before I File?
The statute of limitations for a slip and fall injury lawsuit in New York is similar to other personal injury cases. Under New York Civil Practice Laws & Rules section 214, you have within three years from the date of the accident that caused the injury to file your lawsuit.
Although property owners are responsible for the safety of everyone within the premises, you also owe yourself the duty to watch where you’re going. Before you run away with any slip & fall accident, always speak with a professional slip, fall, and personal injury attorney near you.