New York Slip and Fall
Property owners have a legal obligation to ensure the safety of their premises by keeping them free from hazardous conditions. When an individual slips, trips, and falls on someone else's property, it is considered a slip and fall accident, falling under the category of premises liability cases. Under premises liability law, property owners bear the responsibility of maintaining a safe environment, free from potential hazards. Slip and fall hazards can encompass various situations, such as wet floors, improperly waxed surfaces, or icy sidewalks. Victims of slip and fall accidents often suffer severe injuries, including spinal cord injuries, broken bones, paralysis, head injuries, or brain injuries. These injuries necessitate extensive medical treatment and lengthy recovery periods. In New York, the law allows individuals who have experienced slip and fall accidents and suffered serious injuries due to another party's negligence to seek compensation for their damages. However, navigating the legal complexities of such cases requires the expertise of an experienced New York premises liability lawyer who will help ensure that your legal rights are protected and help you make informed decisions regarding your legal options. Contact Stephen Bilkis & Associates. We are here to help.Factors Leading to Slip and Fall Accidents
Slip and fall accidents occur when individuals lose their balance and fall due to various circumstances. These accidents can arise from a variety of factors, such as a loss of footing, encountering a wet or slippery surface, or stumbling over an obstruction. Inadequate lighting can also contribute to such accidents, as it may impair visibility and lead to falls on stairs or tripping over debris.
It is important to understand that property owners, whether they own businesses like retail stores and coffee shops or residential dwellings, have a legal responsibility to ensure the safety of their premises. At Stephen Bilkis & Associates, our experienced New York premises liability lawyers can provide valuable insights into the legal obligations that property owners, landlords, and managers have towards those who access or utilize their properties.
For instance, in the case of a commercial establishment, the landlord, owner, or manager is required to regularly inspect the premises for potential hazards that may endanger visitors or customers. This proactive approach to premises maintenance helps prevent slip and fall accidents and ensures a safe environment for everyone.
Understanding the underlying causes of slip and fall accidents and the legal duties of property owners is essential in determining liability and pursuing a premises liability claim. Our skilled attorneys are well-versed in premises liability law and can guide you through the legal process, offering personalized advice tailored to your specific circumstances. Contact our New York premises liability lawyers at Stephen Bilkis & Associates to discuss your case and learn more about your rights and options.Relevant Law Related to Slip and Fall Accidents in New York
In New York, several laws and legal principles are relevant to slip and fall accidents. Understanding these laws can help determine liability and the legal rights of individuals involved in such accidents. Here are some key laws and principles related to slip and fall accidents in New York:
- Premises Liability: Under New York law, property owners have a legal duty to maintain their premises in a reasonably safe condition. This duty applies to both residential and commercial property owners. They are required to address any known hazards or dangers and to warn visitors about any potential risks that may exist.
- Comparative Negligence: New York follows the principle of comparative negligence, which means that the court may allocate fault between the parties involved in a slip and fall accident. If the injured person is found partially responsible for the accident, their compensation may be reduced proportionately based on their degree of fault.
- Notice Requirement: In slip and fall cases, the injured party must establish that the property owner had either actual or constructive notice of the hazardous condition that caused the accident. Actual notice means the owner was aware of the dangerous condition, while constructive notice means the owner should have been aware of the condition through reasonable inspection or maintenance procedures.
- Statute of Limitations: New York has a statute of limitations that sets a time limit for filing a personal injury lawsuit. In most slip and fall cases, the injured party has three years from the date of the accident to initiate legal action. Failing to file within this timeframe may result in the claim being barred.
- Building Codes and Regulations: Local building codes and regulations may play a role in slip and fall cases, particularly if the hazardous condition is a result of a violation of these codes. Violations can strengthen a premises liability claim by establishing negligence on the part of the property owner.
It's important to note that every slip and fall case is unique, and the application of these laws may vary depending on the specific circumstances. Consulting with an experienced premises liability attorney in New York is crucial to navigate the legal complexities, evaluate the strength of your case, and ensure your rights are protected under the relevant laws and principles.Pursuing a Claim
In slip and fall claims in New York, potential damages include medical expenses, lost wages, pain and suffering, rehabilitation and therapy costs, property damage, loss of consortium, and punitive damages in exceptional cases. These damages aim to compensate for medical treatments, income loss, physical and emotional distress, property repairs or replacement, strain on relationships, and deterrence of misconduct. The availability of specific damages varies depending on the case and injury severity. Seeking guidance from an experienced premises liability attorney in New York can help determine the appropriate damages for your slip and fall claim.Contact Stephen Bilkis & Associates
When it comes to pursuing a slip and fall lawsuit, thorough documentation of the incident is crucial. Take the time to record every detail you remember about the circumstances surrounding your fall. Additionally, seeking immediate medical attention is essential for both your well-being and for establishing a medical record of your injuries. After taking these initial steps, it is vital to consult with an experienced premises liability attorney serving New York to guide you through the legal process and maximize your chances of success. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Bronx, Brooklyn, Long Island, Westchester County, Suffolk County, Staten Island, Manhattan, Nassau County, and Queens.