A premises liability claim is a type of personal injury claim that arises when someone gets hurt because a property owner fails to fix or warn about a hazard on their property. A slip and fall claim is a type of premises liability claim involving someone slipping and falling due to a property hazard.
Property hazards that can lead to slip and falls include wet floors, uneven pavement, loose carpeting, and poor lighting, for example. Other types of premises liability claims include injuries from falling objects, broken stairs, fires, toxic fumes, faulty railings, or inadequate security, just to name a few.
All these cases fall under the larger category of premises liability because they involve unsafe property conditions. If someone gets hurt because a property owner knew or reasonably should have known about a hazard and didn’t fix it or provide a warning, a valid premises liability claim could allow the injured person to seek compensation from the negligent property owner and their insurance company.
What Are Some Causes of Slip and Fall Accidents?
Property owners must keep their premises reasonably safe for visitors. When they ignore problems or delay repairs, people can get hurt. Below are some of the most common reasons people might slip, trip, or fall on someone else’s property:
- Wet or slippery floors – Spills, mopping, or tracked-in rain or snow can make floors slick. If the owner doesn’t clean it up promptly or block off the area, visitors can slip and fall.
- Uneven sidewalks or pavement – Cracks, holes, or raised edges on sidewalks and walkways can cause people to trip if they aren’t expecting the ground to be uneven.
- Loose rugs or carpeting – When rugs slide or carpeting bunches up, people can lose their footing and fall. Owners must secure floor coverings properly.
- Poor lighting – Dim or broken lights in hallways, stairwells, or parking lots make it hard to see hazards, leading to trips and falls.
- Cluttered walkways – Boxes, cords, or debris in walkways can block visitors’ paths. If property owners don’t clear these areas, people can trip and fall.
- Broken stairs or handrails – Missing handrails, uneven steps, or loose boards can make staircases dangerous. Property owners must address these issues right away.
What Are Other Examples of Premises Liability Accidents?
Premises liability law covers more than just slips and falls and trips and falls. Premises liability cases include many types of accidents that happen because of property owners’ negligence in failing to fix or warn about hazards, such as:
- Falls from balconies or decks
- Elevator or escalator accidents
- Injuries caused by falling objects
- Drowning or near-drowning in swimming pools
- Burns from fires or exposed wiring
- Exposure to toxic chemicals or mold
- Electric shock injuries
- Dog bites and other animal attacks
- Assaults due to inadequate security
- Playground accidents
- Accidents in parking lots or garages
What Types of Damages Are Available for Premises Liability Accidents?
If you get hurt because of a dangerous condition on someone else’s property in New York, you might have a premises liability claim. If you file a successful claim, you could receive financial compensation for the personal and financial harm you suffered due to the accident, such as:
- Medical expenses
- Future medical costs
- Lost income
- Reduced future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Transportation costs for medical appointments
- Other out-of-pocket expenses related to your injuries
How Long Do You Have to File a Premises Liability Claim in New York?
In New York, you usually have three years from the accident date to file a premises liability lawsuit. The deadline is shorter if the responsible party is a government agency. If you wait too long, the court will likely dismiss your slip and fall case, and you will lose your chance to recover money for your injuries.
You can protect your rights and avoid losing your chance to sue for compensation by contacting our slip and fall lawyer as soon as possible after your fall-related injuries occur. Attorney David Resnick can review what happened, identify the applicable filing deadline, and file your paperwork on time. He can also collect evidence, speak to witnesses, and deal with insurance companies while you focus on getting better.
Waiting can hurt your case, so it’s best to act quickly and give your personal injury attorney the time needed to handle everything the right way.
Is That Time Different If the Accident Occurred on Government Property?
Yes, the time limit is shorter if the accident happened on government property in New York. If you plan to sue a state agency, you have only 90 days from the incident date to file a notice of claim. If you need more time, you can file a notice of intention to file a claim within the same 90-day period. That gives you extra time to prepare your case. If a specific agency caused your injury, you must also send the notice to that agency.
After you file your notice of claim, you must file your slip and fall lawsuit within one year for an intentional act that caused your injury or two years for a negligence-based claim. Our premises liability lawyer can help you identify and meet the deadlines that apply to your case and preserve your right to demand compensation.
How Can a New York Slip and Fall Lawyer Help Me with My Case?
Premises liability claims take time, effort, and legal knowledge. Property owners and insurance companies often try to avoid paying fair compensation, and they might try to argue that you caused your own injuries. As a lawyer who handles these types of cases, David Resnick can take over the legal work, so you don’t have to deal with these challenges alone.
Below are some ways our New York premises liability attorney can help you after an injury on someone else’s property:
- Gathering evidence of the hazardous or dangerous conditions
- Requesting video footage or surveillance records from the scene of the accident
- Interviewing witnesses who saw what happened
- Reviewing medical bills, records, and injury reports
- Finding out who owns or manages the property
- Identifying all possible sources of compensation
- Dealing with the insurance companies on your behalf
- Filing legal paperwork before the applicable deadlines
- Preparing your case for trial if necessary
Contact a New York Slip and Fall Accident Lawyer
Premises liability attorney David Resnick has recovered more than $180 million for injured people like you across New York. He always takes the time to listen and give your slip and fall claim the attention it deserves. When you work with David, you get what you need – a personal injury lawyer on your side, fighting for you.
If you suffered a slip and fall accident or other type of injury on someone else’s property in New York, contact slip and fall accident lawyer David Resnick now for a free consultation.
