A slip and fall lawsuit in New York involves navigating specific criteria to prove negligence on the part of a property owner or manager. If you’ve suffered a slip and fall injury on someone else’s property, consulting with an Albany premises liability attorney is crucial to determine if your personal injury occurred due to negligence. Slip and fall cases in New York require the injured person to demonstrate that the owner knew or should have known a dangerous condition existed and failed to rectify it. By filing a slip and fall claim, slip and fall injury victims have the opportunity to recover compensation for medical bills, lost wages, and pain and suffering. Our lawyers offer a free consultation to help you understand the legal process and navigate the complexities of slip and fall lawsuits in New York effectively.
Call (518) 456-0082 to speak with an experienced Albany personal injury lawyer.
What is Premises Liability?
Premises liability refers to the legal obligation of property owners or occupants to maintain safe conditions on their premises. If someone sustained injuries due to hazardous conditions, such as a malfunctioning escalator or an icy or wet floor, they may file slip and fall claims against the owner. Property owners must take reasonable steps to prevent foreseeable accidents and ensure the safety of visitors.
Common Causes of Slip and Fall Accidents in New York
Common causes of slip and fall accidents in New York include spills, uneven sidewalks, slippery surfaces, poor lighting, and inadequate railing. However, any instance where an injury occurred due to a property owner’s negligence typically qualifies as a slip and fall incident under New York law.
Spills
In New York, wet floor or pavement can create hazardous conditions that significantly increase the risk of accidents, leading to slip and fall lawsuits. If an injury occurred on wet floors that weren’t adequately signed or cleaned in a timely manner, the owner can be held liable to an injured person seeking compensation in a personal injury claim.
Uneven Sidewalks
Pedestrians and cyclists in New York deal with a substantial amount of uneven sidewalks. But who is responsible for compensating an injured person in a New York sidewalk accident claim?
- General Responsibility: Sidewalk maintenance is generally the responsibility of property owners.
- Municipal Liability: Under certain circumstances, municipalities might be held responsible for a sidewalk accident. Our Albany municiple liability lawyer team has experience defending municipalities in slip and fall lawsuits in New York, making our law firm uniquely qualified to handle a slip and fall claim against New York municipalities.
- Government Immunity: Generally, government entities are at least partially immune to slip and fall lawsuits. However, in specific cases where a government entity knew about a dangerous condition, it can be liable in a slip and fall lawsuit.
Our Albany bike accident lawyer team has extensive experience with slip and fall lawsuits in New York. If you believe you have a valid slip and fall case but aren’t sure who or what is responsible for your personal injury, our attorneys can help! Call our law firm for a free consultation.
Icy or Slippery Surfaces
Icy or slippery surfaces are a common cause of slip and fall accidents in New York, particularly in parking lots.
To succeed in a New York slip-and-fall case, injury victims must prove that the person legally responsible for the property caused a dangerous condition or knew about the condition but didn’t take measures to avoid a trip and fall accident. Additionally, an injured person must have suffered actual damages to have a valid slip and fall claim. This can include the cost of medical treatment, lost income, pain and suffering, etc.
Poor Lighting
Accidents leading to slip and fall lawsuits in New York are commonly caused by poor lighting, particularly in parking lots. Negligence in maintaining adequate lighting can lead to falls happening due to obscured hazards or uneven surfaces. Such incidents underscore the importance of proper illumination for ensuring pedestrian safety.
If you’ve been injured due to poor lighting on public property, our Albany pedestrian accident lawyer group can help you with your slip and fall case.
Public Transportation Accidents
Public transportation accidents, including bus accidents, are regular causes of slip and fall cases in New York. If a fall occurs on a bus, passengers may suffer injuries due to sudden stops, jerky movements, or inadequate safety measures. Seeking guidance from an experienced Albany bus accident attorney is advisable for wanting to pursue a slip and fall lawsuit in New York.
Stair Fall Caused by Poor Railing or Lack of Handrail on a Staircase
Any staircase without rails or with poor railing is an inherently dangerous condition. New York law requires handrails on stairways that have at least two risers. If an injury occurred on a staircase that was negligently maintained or violated New York codes, you could potentially file a slip and fall lawsuit against the party responsible for maintaining the property.
Lack of Training
Managers are responsible for training employees on how to stay safe at work. This training should include information about safe footwear and protocols for avoiding a slip-and-fall accident on the job.
Those who sustained injuries at work should seek immediate medical attention. Medical records are critical for pursuing a slip and fall claim against a negligent employer. Injured victims are advised to contact an Albany employment lawyer to ensure their legal rights are upheld. If you’re a worker whose injuries aren’t fully compensated by New York workers’ compensation benefits, our Albany work injury lawyers can discuss alternative options during your free initial consultation.
Escalator Accidents and Elevator Accidents
New York requires escalators and elevators to regularly pass inspections. This doesn’t stop faulty elevators or escalators from being the cause of serious injuries.
With most elevator accidents, the dangerous condition is caused by improper leveling. With escalator accidents, trip and fall cases arise when the escalator comes to an abrupt stop or malfunctions due to improper maintenance.
Additionally, a wet floor on an elevator or wet stairs on an escalator can cause injury.
However, the worst cases are fatal accidents that occur on malfunctioning elevators. The cause our Albany wrongful death lawyers see most often occurs when the elevator’s doors are open, but the car is sitting on another level, leaving a wide-open shaft that innocent victims can accidentally step into.
What to Do After a Slip and Fall Accident in New York
After a slip and fall accident in New York, the injured person should file an accident report and seek medical attention immediately. For severe injuries, have an ambulance take you to the nearest hospital where your injuries can be assessed in on of Albany’s hospital emergency rooms.
If the accident occurred at work, contact your manager or supervisor immediately. Most company policies include protocols for handling these situations.
Following medical treatment for injuries, if you weren’t able to, be sure and file an accident report. If the owner or manager doesn’t prompt you to complete an accident report, ask them for the paperwork yourself. This is extremely important in any slip and fall claim.
In addition to filing an accident report, gather evidence from the scene to strengthen a potential slip and fall claim. Take photographs of the area where the fall happened, capturing the dangerous condition that caused your injury. Also, collect witness statements from individuals who saw when the accident occurred.
Contact a personal injury lawyer experienced in slip and fall cases in New York. Personal injury lawyers can provide insight into the legal process, advise on the next steps to take, and help you pursue compensation for injuries and related damages.
Avoid making statements to management, employees, or insurance adjusters about the accident until you’ve spoken with an injury lawyer.
How to Prove Negligence in a Slip and Fall Lawsuit
To prove negligence in a slip and fall lawsuit, the victim must establish that the property owner knew or should have known about the hazardous condition that caused the accident. Besided the accident report, evidence of the sustained injuries is crucial in demonstrating the severity of the accident and injury. To strengthen the trip and fall case, it’s important to gather sufficient evidence, including medical records and witness statements.
The plaintiff must demonstrate that the property owner failed to take reasonable steps to address or warn about the hazardous condition. A law firm experienced in slip and fall claims in New York can help victims recover compensation for the injuries suffered.
Elements of Property Owner Negligence
To prove a slip and fall claim in New York, victims must establish the elements of property owner negligence:
- A dangerous condition caused your fall
- The owner created, the owner did know, or the owner should have known that the dangerous condition existed and did nothing to remedy it
Proving negligence in a slip and fall lawsuit involves demonstrating that the at-fault party breached the reasonable person standard and that the victim suffered injuries as a result.
Assumption of Risk
In a slip and fall lawsuit, proving negligence often hinges on showing that the property owner knew or should have been aware of the dangerous condition that led to the accident. However, the defense of assumption of risk may be employed to argue that the plaintiff knowingly encountered the hazard and accepted the associated risks, potentially mitigating the owner’s liability.
Attractive Nuisance
Property owners have a duty to take reasonable steps to protect children from attractive nuisance hazards, even if the children are trespassing. This aims to prevent negligence cases where children could be injured due to their lack of awareness.
If a child is harmed in a trip and fall accident, the Albany child injury lawyers at our law firm can assist in navigating a slip and fall lawsuit in New York, ensuring accountability on the part of the property owner.
How Much is a Slip and Fall Case Worth?
The value of a slip and fall case is based on specific variables, including medical expenses, lost wages, and degree of property owner negligence involved. In evaluating what is a reasonable settlement offer, professionals calculate medical bills, lost earnings, and estimated future costs associated with the injuries, then apply a multiplier for non-economic damages.
How an Albany Premises Liability Lawyer Can Help
An Albany premises liability lawyer can assess the validity of the personal injury case and determine the best course of action during a free trip and fall case evaluation. They help gather sufficient evidence to support the plaintiff’s claim and hold the negligent party accountable. By negotiating with the insurance company, they aim to secure the maximum amount for fall settlements, covering damages such as lost income and medical expenses.
How Long Do You Have to Report a Slip and Fall in New York
The amount of time you have to report a slip and fall in New York depends on whether you were injured on public or private property.
- Slip and falls occurring on public property: you have 90 days to report it. This timeframe is important for the liability insurance of the party held liable.
- Slip and falls occurring on private property: you have three years from the date of the injury.
Some additional considerations:
- For minors or those of unsound mind, the deadline begins when you turn 18 or are declared mentally sane.
- If a property owner leaves New York before you can file a slip and fall claim, or if the owner relocates and uses a false identity, this doesn’t count against you.
- Victims can submit a notice of intention to file a slip and fall claim, which essentially extends the deadline for the trip and fall case to two years.
How Long Does a Slip and Fall Case Take to Settle?
A slip and fall case can take several months to years to settle. Once a final judgment is reached in or outside of court, the slip and fall claim concludes.
Albany Slip and Fall Lawyer
Our lawyers are committed to ensuring those responsible for your injuries are held accountable. We offer a free consultation to discuss the details of your slip and fall claim and determine the best course of action for your case.
If you’ve suffered injuries in a slip and fall accident, seek medical treatment promptly. After prioritizing your health, contact our lawyers to discuss your trip and fall case. We’ll assess the circumstances of your accident, gather evidence, and advocate on your behalf to secure a favorable outcome.
Contact Bailey, Johnson, & Peck today at (518) 456-0082 to schedule your free case evaluation and take the first step toward obtaining the compensation and justice you deserve.
