Winning a New York slip-and-fall case sounds deceptively simple. You must prove the property owner knew or reasonably should have known about the hazard that caused your injuries but failed to take steps to address it. However, proving your case requires compelling evidence. You’ll likely have a better chance of winning your personal injury case with legal help from an experienced premises liability attorney.
Is the Property Owner Obliged to Keep Their Property Safe?
Yes, property owners in New York have a legal duty to keep their premises reasonably safe for visitors.
Unlike many other states, New York does not divide visitors into categories like invitees, licensees, or trespassers when deciding a property owner’s duty of care. Since the 1976 case Basso v. Miller, the state has followed a single standard: property owners must act with reasonable care to prevent harm to anyone on their property. That means they must fix dangerous conditions they knew about, or should have known about, within a reasonable time, or clearly warn people of the risk.
The duty applies to almost all properties, from apartment buildings and grocery stores to office spaces and sidewalks adjacent to commercial properties. Whether you’re a customer, a tenant, or just passing through, the law requires the property owner to keep the area safe.
Common examples of dangerous conditions that could lead to a slip-and-fall accident include wet floors, uneven pavement, broken stairs, poor lighting, untreated ice or snow, and debris left in walkways. If an owner ignores these hazards and someone gets hurt, they could be held responsible. Contact our New York slip and fall injury lawyer today.
What Is Necessary to Prove the Fall Caused Your Injuries?
To win a slip-and-fall claim and recover damages in New York, you need strong evidence showing that the property owner’s negligence caused your fall accident and that the fall led to your injuries, which caused your losses.
First, it’s crucial to prove there was something dangerous on the property and that the owner either knew or reasonably should have known about it. Helpful evidence to prove negligence might include photos or videos of the scene. The visual proof might show things like spilled liquids, uneven flooring, poor lighting, or snow and ice that the property owner failed to address.
Witness statements from people who saw the fall or noticed or reported the danger beforehand could also help establish the defendant’s negligence. In some cases, surveillance videos or maintenance logs might show how long the danger was present and whether the property owner took reasonable steps to address it.
You also need to clearly show how the fall caused your injuries. Medical records are often the key to connecting your injuries to the fall. Getting treatment right after the accident helps create a direct link between the fall and your injuries. Keep documentation of all doctor visits, diagnostic tests, and treatment plans.
Lastly, a personal journal detailing your pain, physical limitations, and emotional struggles can support your claim for non-economic losses like pain and suffering. Our experienced attorney can gather evidence for you and build a strong case that proves both liability and the full impact of your injuries.
What Steps Should I Take If I Have Been in a Slip-and-Fall Accident in NY?
It’s essential to act quickly and carefully if you’ve been hurt in a New York slip-and-fall accident.
- First, get medical attention right away, even if you initially think your injuries are minor. A doctor’s report also creates a record of your injuries, which is essential if you file a claim later.
- Next, report the accident to the property owner, store manager, or landlord. Ask for a written incident report and keep a copy for your records.
- Then, if you’re able, gather evidence at the scene. Take photos of what caused your fall and note any nearby security cameras or potential eyewitnesses.
- Avoid talking to the property owner or their insurance company before speaking with an attorney. Insurance adjusters may try to get you to downplay your injuries or settle for less than your claim’s full value.
- Instead, contact David Resnick, an experienced personal injury lawyer who handles slip-and-fall cases in New York. He can explain your rights, communicate with the insurance company for you, and gather evidence to support your case.
- Finally, keep all records related to your injury, such as your medical bills, proof of missed work, prescriptions, and anything else that shows how the fall has affected your life.
How Could My Lawsuit Be Affected If I Am Partly Responsible for My Injuries?
You can still recover compensation for a slip-and-fall in New York even if you bear some of the fault for the accident. The state has a pure comparative negligence law. Under the comparative negligence rule, your compensation is reduced by the percentage of fault assigned to you for the personal injury accident. So, if you are 30 percent responsible for the fall, you can still recover 70 percent of your compensable losses.
For example, imagine you slip on a wet grocery store floor that had no warning signs posted. However, at the time of your fall, you were texting and didn’t see the spill. A court might decide the store was 90 percent at fault for not cleaning up the hazard or warning customers, but you were 10 percent to blame for not paying attention. If your total compensable losses were $100,000, you could still recover $90,000.
The rule is vital because it allows you to recover partial compensation even if you made a mistake. But it also means that the property owner’s insurance company may try to blame you for the accident to reduce what they owe. Our skilled attorney can help protect your rights and make sure the insurance company or the court fairly assigns fault for the accident.
How Long Do I Have to File a Slip-and-Fall Lawsuit in New York?
You usually have three years after a slip-and-fall in New York to file a lawsuit. The deadline is shorter if the defendant is a government agency. Crucial evidence can disappear or be destroyed within a few days or weeks of an accident, though. We urge you to speak to our lawyer immediately so we can help you build a strong claim.
Contact a New York Slip-and-Fall Accident Lawyer
Since our firm’s founding in 1989, David Resnick & Associates, P.C., has recovered over $180 million in verdicts and settlements for our clients. We understand the nuances of slip-and-fall cases and will do whatever it takes to hold a careless property owner accountable.
Call now or complete our contact form for a free consultation about your personal injury claim.
