Sustaining an injury as a result of a slip and fall accident can be both painful and frustrating. When you are on someone else’s property, you are owed a duty of care that the premises will be reasonably safe.
If negligence occurs on a property and you get hurt in a slip and fall accident as a result, you may have a case. Read on to learn more.
Slip and Fall Accident Statute of Limitations in New York
In New York, if you are hurt in a slip and fall accident as a result of another’s negligence, you must file a lawsuit within three years of the date of the incident in order to recover damages. If you fail to bring your case within that time period, you may forfeit your right to compensation.
That is why it is so critical you seek out your legal options right away if you’re injured in a slip and fall accident.
New York’s Comparative Negligence Rule
Before filing a lawsuit for a slip and fall injury, it’s important to be aware of New York’s comparative negligence rule.
When you file a suit, the property owner or operator will likely say that you share a portion of the responsibility for your injuries. If the property owner or operator is successful, your court award may be reduced significantly.
You stand to see your award reduced if the property owner or operator can prove any of the following:
- You were on an area of the property where you weren’t allowed to be, or where you weren’t expected to be.
- Your attention was elsewhere while you were walking. For example, you were looking down at your phone.
- Your shoes were inappropriate or unsafe for what you were doing.
- There were cones and signage blocking access to the area where you were injured.
- You should have noticed the dangerous condition.
If You’ve Been Hurt, We’re Here to Help
If you’ve sustained injuries in a slip and fall accident as a result of another’s negligence, you may be owed compensation. Don’t hesitate to reach out with your questions right away.