New York Slip and Fall Lawyer
Slips and falls are a major source of personal injuries in New York. Anytime that we visit another party’s property, we expect that they will take steps to protect us from harm. This can include cleaning spills, ensuring that walkways are kept free from ice and snow, and even providing handrails down staircases. Any failure to take these precautions that results in an injury may be the subject of a slip and fall personal injury claim.
Slip and fall cases may be more complex than they at first appear. Potential plaintiffs in these claims need to examine their own actions in addition to steps taken by the property owner to determine if the landowner is at fault for the accident. In the meantime, an individual may be seriously injured and missing significant time at work.
A New York slip and fall lawyer may be able to help. Seasoned personal injury attorneys work with victims to investigate the facts that led to the injury, to evaluate the landowner’s actions for liability, and to deal with the insurance companies to get you the maximum compensation that you deserve.
Landowners’ Duties to Protect Visitors
New York’s law concerning slip and fall accidents differs from those in many other states. Unlike other jurisdictions that examine the reasons for the visitor being on the land, New York law is only concerned with steps taken by the landowner to keep the land in a reasonably safe condition.
For example, consider a plaintiff who is injured after slipping and falling on ice located on a sidewalk in front of a nail salon. Common sense dictates that this nail salon has a duty to keep the entrance to their shop free from ice or snow.
Furthermore, New York has long recognized a duty for landowners and tenants to clean all ice and snow from places where people commonly walk. As a result, it becomes clear that the owner of the shop has failed in their responsibility to protect the injured plaintiff.
Few cases are as simple as this. Many slip and fall accidents are more nuanced in examining the steps taken by the landowner to provide a safe environment and in evaluating the choices made by the injured party that may have contributed to the accident. A New York slip and fall lawyer could help injured individuals to evaluate the actions of all parties and to fit those actions into the applicable laws.
However, plaintiffs in these cases must act quickly. New York’s laws control when a plaintiff can file a lawsuit alleging personal injury. Known as the statute of limitations, New York Civ. Prac. Law & Rules §214 states that any case involving personal injury must be filed in court within three years after the injury occurs. Failing to meet this time limit will result in the court dismissing the case and the landowner’s insurance company refusing to negotiate a settlement.
Common Injuries in Slip and Fall Cases
Slips and falls can result in serious injuries. It is not uncommon for the victims of these incidents to suffer long-term injuries or even permanent loss of bodily functions. Common examples of physical injuries include:
- Cuts, scrapes, or bruises
- Broken bones
- Separated joints
- Spinal cord injuries
- Brain damage
- Sprained ligaments or tendons
As serious as these injuries may be, the physical effects of the incident are not the only source of potential compensation. A slip and fall claim must examine the total impact of the incident upon the plaintiff’s life. As a result, a complete claim will demand compensation for any economic harm endured by the plaintiff as well as any drop in their quality of life that resulted from the accident. In some cases, the available compensation for these non-physical damages can surpass the medical costs associated with the claim. A slip and fall lawyer in New York could work with you to ensure that your demand package accounts for every dollar that you have lost.
Speak with a New York Slip and Fall Attorney Today
We all deserve to feel safe anytime that we step outside our homes. This includes when we visit the property of another party. Whether this property is a private home, an apartment building, a store, or a theatre, all landowners have a duty to take reasonable steps to protect their visitors from harm. If they fail in this duty, and a person is injured, that injured individual has the right to demand compensation.
A New York slip and fall lawyer may be able to help. They work with individuals to evaluate the facts of the fall, to gather evidence, and to represent their interests in negotiations with insurance companies. By following this method, many cases end with a settlement without ever going to court. Contact a skilled attorney today to learn more.
