Slip and Fall Accidents: What NYC Residents Need to Know
Walking through New York City or Long Island, you encounter countless hazards every day, from icy sidewalks in January to wet floors in a busy Manhattan deli. When one of those hazards causes you to fall and get hurt, you may have more legal options than you realize. At Jaroslawicz & Jaros, PLLC, we have seen firsthand how these accidents can turn someone’s life upside down, and understanding your rights is the first step toward getting the help you deserve.
What Is Premises Liability?
Premises liability is the area of law that holds property owners responsible for injuries that happen on their property. In New York, property owners, whether they own a store, an apartment building, or a stretch of sidewalk, have a legal duty to maintain their property in a reasonably safe condition. When they fail to do that, and someone gets hurt as a result, the injured person may have the right to pursue compensation.
This applies to a wide range of situations, including wet or slippery floors, broken or uneven pavement, poor lighting in stairwells, loose handrails, and snow or ice that has not been properly cleared. The key question in any premises liability case is whether the property owner knew, or should have known, about the dangerous condition and failed to fix it in a reasonable amount of time.
Proving a Slip and Fall Claim
To bring a successful slip and fall claim in New York, you generally need to establish a few things. First, that a dangerous condition existed on the property. Second, that the property owner had actual or constructive notice of that condition, meaning they either knew about it or the condition had been there long enough that they reasonably should have discovered it. Third, that the dangerous condition directly caused your injury.
New York also follows a rule called comparative negligence, which means that even if you were partially at fault for your fall, you may still be able to recover compensation. Your award would simply be reduced by the percentage of fault assigned to you.
Steps to Take After a Fall
What you do immediately after a fall can significantly impact your case. Try to take photos of the area where you fell before anything is cleaned up or changed. Report the accident to the property owner or manager and ask for a written incident report. Seek medical attention right away, even if your injuries seem minor at first. Keep records of all medical treatment, missed work, and any other expenses related to your injury. If there are witnesses, try to get their contact information while you are still at the scene.
Do Not Wait Too Long
New York has a statute of limitations for personal injury claims, which generally gives you three years from the date of the accident to file a lawsuit. However, if your fall happened on government property, the deadline can be much shorter, sometimes as little as 90 days to file a notice of claim.
Schedule a Consultation Today
If you or someone you love has been hurt in a slip and fall accident, our New York Personal Injury Attorneys at Jaroslawicz & Jaros, PLLC are here to help. Serving clients throughout New York City and Long Island, the firm is committed to making sure injured New Yorkers understand their rights and have strong, experienced representation in their corner.
Source:
nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml