We have all suffered a fall at some point. In many cases, it was nothing more than an accident – like tripping over a kid’s toy in your own home. But if you fell because of a dangerous condition on someone else’s property, you may be able to file a lawsuit against them.
Slip and fall cases are a type of premises liability claim. If a property owner knew about an unsafe condition on their property and didn’t fix it, they may be held responsible for your losses. Our Huntington slip and fall lawyers will work with you to help you get the money that you deserve for your injuries.
The Odierno Law Firm represents accident victims throughout Long Island. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today to schedule an appointment with a New York personal injury attorney.
Can I File a Lawsuit for a Slip and Fall?
Slip and fall claims fall into a specific type of personal injury law known as premises liability. In New York, a person who owns or occupies a property can be held accountable in certain situations for any injuries that occur on their property.
Property owners owe a duty of care to people who come onto their property. However, the level of duty that they owe is based on the person’s statute. There are three categories of people who might be a victim in a premises liability case:
- Invitees: any person who was explicitly invited onto the property, such as a friend, family member, or a customer at a business. A property owner must remove or repair known hazards, make reasonable inspections for dangerous conditions, and/or warn about unsafe conditions.
- Licensees: a person who is permitted to come onto a property, but is doing so for their own reasons (like a salesperson or mail carrier). A property owner must warn of any hidden dangers and make sure that the danger is understood.
- Trespassers: a person who enters a property without permission. A property owner does not owe trespassers a duty to use reasonable care unless they are children. If a property owner has what is known as an “attractive nuisance” on their property, such as a pool, then they must take steps to protect children who might be attracted to it.
Common types of premises liability cases include:
- Slip and falls
- Inadequate maintenance
- Dog bites
- Inadequate security
- Swimming pool accidents
- Snow and ice accidents
- Defective conditions, such as a broken stair or railing
- Escalator or elevator accidents
The ability to file a personal injury lawsuit for a slip and fall depends on the status of the injury victim and whether the property owner used reasonable care to prevent harm.
For example, consider a situation where a friend invites you over for dinner. When entering their home, you twist your ankle and fall after stepping onto a piece of damaged concrete. As an invitee, your friend owed you a duty to repair or warn you about this dangerous condition. If they knew about the concrete and didn’t warn you or fix it, then they could be held responsible for any injuries that you suffered.
While slip and fall cases are often brought against homeowners, you may also file a claim against:
- The owner of a rental property
- The owner of a business or commercial property
- A government agency
- A construction company or contractor
- A tenant of a residential or commercial property
- A property management company responsible for maintaining the property
Premises liability claims can often be complicated. If you are unsure of your rights, reach out to our Huntington slip and fall attorneys. We will listen to your story and help you understand your legal options when it comes to filing a personal injury claim.
Compensation in a New York Slip and Fall Case
Like all personal injury cases, you may recover three types of damages in a slip and fall case. In most cases, the injury victim will be able to seek compensatory damages, which include both economic and non-economic damages. In rare cases, you may also seek punitive damages if the property owner acted intentionally or recklessly.
Economic and non-economic damages compensate an accident victim for their losses. They may include things such as:
- Medical bills
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Scarring
- Disfigurement
- Loss of enjoyment of life
If a person dies as a result of a slip and fall, their surviving loved ones may also seek compensation for things like funeral and burial expenses through a wrongful death lawsuit. A wrongful death claim must be brought by the personal representative of the estate.
Punitive damages may be awarded if the property owner acted intentionally or recklessly. This is a more unusual situation but may occur if a property owner sets some sort of trap to purposefully hurt someone. The goal of punitive damages is to punish a wrongdoer instead of to compensate an injured victim.
Insurance companies often underestimate the true value of an accident victim’s losses. If you have been hurt in a slip and fall, you should not talk to the insurance company or an adjuster until you have had a chance to talk to a personal injury lawyer. An attorney will protect your interests and help you get maximum compensation for your claim.
Why Should I Hire a Huntington Slip and Fall Lawyer?
After you get hurt in a fall, you may want nothing more but to move forward with your life. Unfortunately, slips and falls can often cause serious injuries. You may be out of work for months and have significant medical bills. Filing a personal injury claim is often the best way to get the compensation that you deserve.
The goal of an insurance company with any type of claim is to get the matter resolved for as little money as possible. While that may work out well for the insurance company, it can leave you without enough money to cover your losses. The best way to protect yourself is by working with an experienced Huntington slip and fall lawyer.
The process starts with a free consultation, where an attorney will listen to you and offer you legal advice on how to proceed. If you decide to hire a law firm, they will get to work right away to investigate the facts of the case and to perform legal research. They will then put together a compensation claim.
Your lawyer will handle all communications with the insurance company for you. This means that you don’t have to worry about being pressured into taking a lowball settlement offer or saying something wrong. It will also reduce your stress so that you can focus on getting better.
In most cases, your attorney will be able to negotiate a settlement on your behalf. However, if the insurance company won’t offer you a fair settlement, then they will take the case to trial. In court, your lawyer will make arguments, introduce evidence, and question witnesses before asking a jury to return a verdict in your favor.
Hurt in a Fall? Reach Out to The Odierno Law Firm
After slipping and falling, you may be overwhelmed and unsure of what to do next. You may not realize the full extent of your legal options, or that it’s even possible to file a claim. Our Huntington, NY premises liability lawyers are here for you.
The Odierno Law Firm exclusively represents injury victims in personal injury claims – never the big insurance companies. We handle all cases on a contingency fee basis, so you will never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Huntington slip and fall attorney, give us a call at 631-752-8580 or fill out our online contact form.
Can I Sue a Family Member for a Slip and Fall?
When you file a premises liability claim, it isn’t against your friend or family member. It is against their homeowner’s or renter’s insurance policy. They pay for this type of insurance for exactly this reason – to protect themselves in the event of an accident.
In many cases, you won’t even need to file a lawsuit. Instead, your legal team will be able to resolve the claim outside of court through negotiation. Call The Odierno Law Firm today to schedule a free consultation with a Huntington slip and fall lawyer.
How Long Do I Have to File a Slip and Fall Lawsuit?
The statute of limitations for personal injury claims in New York is 3 years. With some exceptions, this means that you have 3 years from the date of your accident to file a lawsuit. If you don’t pursue a claim within this time, then you won’t be able to do so.
To protect your legal rights, your best option is to reach out to a personal injury law firm right away to schedule a free consultation. In New York, call The Odierno Law Firm to talk to a Huntington slip and fall lawyer.
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