Liability in New York Slip and Fall Claims
Slip and fall accidents are more than just minor mishaps. They can lead to serious, painful injuries, expensive medical bills, and significant disruptions in your life. Premises liability claims are complex, and when an accident happens because of some hazard on the property, figuring out how to hold the property owner or occupier liable can be challenging. Below we dive into the concept of legal liability for a slip and fall in New York. If you’ve been hurt in a slip and fall in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to review the circumstances and your needs with an experienced and successful Goshen premises liability lawyer.
Understanding Liability in NY Slip and Fall Cases
Liability in slip and fall cases hinges on the concept of negligence. Property owners, managers, or occupiers have a legal duty to maintain their premises in a reasonably safe condition. When they fail to do so, and their negligence leads to an accident, they can be held liable for the resulting injuries.
To establish liability in a New York slip and fall claim, the injured party must be able to prove the following:
-
Duty of Care: The property owner owed a duty of care to the injured person. This means they had a responsibility to ensure their property was safe for visitors.
-
Breach of Duty: The property owner breached their duty of care. This could involve failing to fix a known hazard, not warning visitors about potential dangers, or not conducting regular inspections to identify risks. If the owner created the dangerous condition, or if they knew about it or should have known about it, they can be held liable.
-
Causation: The breach of duty directly caused the slip and fall accident. The injured person must show that the unsafe condition on the property was the proximate cause of their injuries. This is a legal concept that can be more complicated than it first appears, depending on the situation.
-
Damages: The injured person suffered actual damages, such as medical expenses, lost wages, pain and suffering, and other losses.
Common Slip and Fall Hazards in New York
Slip and fall accidents can occur due to various hazards too innumerable to mention. Some of the most common conditions that lead to these accidents in New York include:
- Wet or slippery floors
- Uneven sidewalks or flooring
- Snow and ice accumulation
- Poor lighting
- Obstructions or debris in walkways
- Loose carpeting or floor mats
Property owners have a duty to address these hazards promptly and effectively to prevent accidents.
Comparative Negligence in New York Slip and Fall Claims
New York follows the rule of “comparative negligence,” which means that even if you were partially at fault for your slip and fall accident, you could still recover compensation. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for your accident, your compensation will be reduced by 20%. It’s important to retain a skilled attorney who can not only prove the property owner’s negligence but also keep you from being considered negligent as well when you weren’t or out of proportion to your share of fault.
Statute of Limitations for New York Slip and Fall Claims
In New York, the statute of limitations for personal injury claims, including slip and fall cases, is generally three years from the date of the accident. Failing to file a lawsuit within this time frame can result in losing your right to seek compensation. Note that the timeframe can be longer in some circumstances and considerably shorter in others, depending on the parties involved and other factors. It’s vital to seek legal advice as soon as possible to protect your right to file a claim and not lose out on a technicality.
Contact Dupée & Monroe for Help With Slip and Fall Personal Injury Claims in the Hudson Valley
Navigating a slip and fall claim in New York can be complex, and having experienced legal representation is crucial. Dupée & Monroe, P.C., has a team of skilled personal injury attorneys who understand the intricacies of New York’s liability laws and are committed to advocating for you and getting results. If you’ve been injured in a slip and fall accident in Goshen, Orange County or the Hudson Valley, call us at 845-294-8900 for a free consultation to discuss your legal options and learn how we can help you secure the compensation you deserve.
