Slip and Fall Accidents and Claims In New York

Slip and fall accidents can happen anywhere, which makes it important for you to be aware of these issues if you or someone you know gets involved in a slip and fall incident. Slip and fall accidents can result in severe injuries and costly medical expenses, so you should understand your rights and how to file a claim.

In this article, we will provide an overview of slip and fall accidents and claims and discuss the considerations of New York law on slip and fall incidents.

Aspects of a Slip and Fall Incident

Slip and fall mishaps are dangerous and can result in serious damage. Property owners and occupiers have legal responsibility over their property whenever someone visits them. Thus, they should take reasonable precautions to keep visitors safe from potential threats.

If a person suffers an injury in a slip and fall accident on someone else's property, they may be entitled to recover damages. Thus, they can file a premises liability case against the property owner or occupant.

The injured individual must be able to demonstrate that the owner or occupant acted carelessly and did not maintain or ensure that their property was in a safe state to prove their case. The injured individual must additionally demonstrate that they were lawfully on the premises and got hurt because of the owner's or occupant's negligence.

Liability and Negligence in Slip and Fall Cases

Slip and fall accidents and claims are heavily reliant on negligence and responsibility. The injured person must demonstrate that the opposing party, the defendant in this case, owed them a duty of care and breached that duty by failing to behave reasonably. This enables the injured party to hold the third party liable for their injuries.

In general, property owners and occupiers must undertake a duty of care to safeguard any property under their control with reasonable care. The property owner or occupant owes a degree of obligation to persons who are legally on the property, such as customers of a business or social guests that they invited.

When a property owner or occupant fails to fulfill a reasonable standard of care, they may be held accountable for any injuries sustained as a result of a slip and fall accident. The landowner or occupant must have created the hazardous condition that resulted in the slip and fall accident.

In other circumstances, the owner or occupant of the property must have been aware of the harmful condition and neglected to remove or fix it. In all circumstances, the injured party must be able to demonstrate that a rational observer would have recognized the situation as hazardous and that the defendant had adequate time to fix the problem prior to the accident.

If these components are present, the injured individual may be able to claim damages for medical bills, lost wages, pain and suffering, and other losses.

New York Laws on Slip and Fall Claims

New York state's statute of limitations governs slip and fall accidents, which states that a plaintiff must file any lawsuits that emerge from the accident within three years of the incident.

Furthermore, New York employs a pure comparative negligence approach to determine liability, which means that the court will lower any damages awarded in a slip and fall lawsuit by the degree of fault given to the injured person. Thus, anyone harmed in a slip and fall accident should build a compelling case that shows the property owner's liability to maximize compensation.

Contact us at Spiegel & Barbato, LLP, for legal representation if you ever get involved in a slip and fall accident in New York.