New York City Slip and Fall Lawyer

Liability in Slip and Fall Accidents in NYC

Slip and fall accidents live under the area of premises liability. By law, property owners are required to maintain their spaces in a reasonably safe condition for those who enter. If they don’t, they may be liable to pay the losses for a victim who incurs injuries because they failed to comply with their legal duty.

To better understand how a property owner may breach the duty to keep the premises safe, some examples may be useful.

• The owner of an office building neglects to repair broken pavement at the entrance. That person or entity could be responsible if you trip or fall on the uneven sidewalk.
• A grocery store owner notices a puddle of moisture near the frozen food section, but fails to mop it up. You don’t notice the hazard, and you’re injured when you slip across the slick surface. The owner may be liable to pay for your losses.

Why Does Liability Matter in Slip & Falls Cases?

While liability may seem clear in a slip and fall case, certain factors can complicate your claim. Plus, there may be multiple potential parties in a premises liability case, including an owner, operator, property manager, landlord, tenant, and many more. For these reasons, it’s essential to retain a New York slip and fall lawyer to represent you.

Filing a Slip and Fall Lawsuit

If the insurer refuses to pay a fair, reasonable amount of compensation to settle your claim, it may be necessary to file a slip and fall lawsuit in court.

Working with a slip and attorney is critical in litigation, especially considering the complicated legal concepts, New York statutes, court rules, and other issues.

How to Prove Liability in Your Slip & Fall Accident

For you to prove your claim and a claim to be successful, there are requirements you must meet. You must show that the liable party owned or controlled the property, and that they neglected to care for it.

You must show that the landlord had received direct complaints about the hazard, the hazard was obvious that the landlord should have seen it, or that the landlord directly created the hazard.

If you can show the landlord knew about the hazard and you were lawfully on the property when you were hurt, you can argue that the landlord violated their duty of care for your safety.

New York City Slip & Fall FAQs

Who can I sue in a slip and fall accident in New York?

In a New York slip and fall case, you can potentially sue any party whose negligence contributed to the accident. This includes property owners, tenants, business operators, or even government entities, depending on where and how the accident occurred.

What should I do if I have a slip and fall accident at an AirBNB?

If you slip and fall at an AirBNB, report the incident to the host immediately, document the scene with photos or videos, and gather contact information from any witnesses. You should also notify AirBNB through their platform.

Consulting with a slip and fall attorney is crucial as claims against private hosts can be complex, often involving homeowner’s insurance or AirBNB’s liability insurance.

What is the statute of limitations for filing a slip and fall lawsuit in New York?

In New York, you generally have three years from the date of the accident to file a lawsuit for a slip and fall injury. However, if the claim is against a city, county, or other government entity, you must file a notice of claim within 90 days of the accident.

How do I prove negligence in a slip and fall case?

To prove negligence in a slip and fall case, you must show that the property owner or responsible party knew or should have known about the hazardous condition and failed to address it adequately. Evidence such as incident reports, witness statements, and photos of the scene are crucial.

Can I still recover compensation if I was partially at fault for the slip and fall?

Yes, New York follows a “comparative fault” rule, which means you can still recover damages even if you were partly at fault. However, your compensation will be reduced by your percentage of fault.

Are there special considerations for slip and fall accidents involving snow and ice?

Yes, New York has specific rules regarding snow and ice removal. Property owners have a reasonable amount of time after a snowfall ends to clear their sidewalks. Failure to do so can be grounds for a negligence claim.

What should I avoid doing after a slip and fall accident?

Avoid making detailed statements to insurers or signing any documents without consulting a slip and fall lawyer. Do not delay medical treatment, as insurers might argue that your injuries were not serious or not related to the accident.

How long does a slip and fall lawsuit typically take in New York?

The duration of a slip and fall lawsuit can vary widely based on the complexity of the case, the clarity of fault, and the willingness of parties to settle. Cases can resolve in a few months if a settlement is reached quickly, but lawsuits can extend for years if they go to trial.

 What if my slip and fall accident happened at a government-owned property?

Claims against government entities under municipal liability involve special procedures, including shorter timelines for action. You must file a notice of claim within 90 days of the accident, and suing a government entity often involves additional legal challenges and limitations.

New York City Slip and Fall Accident Statistics

According to the Centers for Disease Control and Prevention (CDC), unintentional falls rank near the top for injuries treated in emergency rooms across the country. Many of these slip and fall accidents are preventable, but victims still suffer physically, emotionally, and financially. Fortunately, New York law allows you to seek compensation for your losses. The claims process can be highly complex, so it’s important to trust a New York premises liability lawyer to assist with your case.