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If you slip and fall on someone else’s property, whether in a residential home or a commercial business, who is responsible? If it is determined that a property owner has failed to maintain a reasonably safe environment, they may be held accountable through a personal injury lawsuit. The Odierno Law Firm, P.C. are Long Island slip and fall accident lawyers that have the experience you need.
When you are a visitor or guest on someone else’s property in Long Island, NY, you expect a reasonably safe environment that is free from obvious hazards—including:
- Wet floors
- Inadequately lit walking paths
- Haphazardly placed floor mats
If someone is injured on your property are you liable? Find out by contacting us for a free consultation!
Causes of Slip and Fall Accidents
Whether you are entering a busy retail store or a neighbor’s home, it is important to be wary of any potential slipping hazards. If the property owner does not take regular measures to ensure a safe environment, there is no telling how many hazardous conditions may be lurking.
For this reason, you should always be on the look-out for the following:
- Spills that have been left on the floor
- Inadequately lit walkways and hallways
- Ice, snow or water surrounding the property
- Floors cluttered with debris
- Unsecured merchandise
- Slick, slippery or waxy walkways
If you have been injured in a slip and fall accident because of any of the aforementioned hazards, you should not hesitate to get in touch with an experienced attorney as soon as possible. You may be entitled to compensation, but it is imperative that you act quickly. To learn what steps you can take after an accident, contact our firm today.
5 Things To Know About Long Island Slip and Fall Accidents
Getting hurt as a result of slipping and falling on someone else’s property when you expected to be safe is unacceptable. Unfortunately, this sort of thing happens all the time, particularly during the winter months when the ground is often covered in ice and snow.
Here are five things you should know about slip and fall accidents in New York:
#1 – In order to have a viable case, the property owner must be negligent in some way.
You may not file a lawsuit against a property owner if you slip and fall on their property unless he or she acted negligently. New York operates under the rules of pure comparative negligence. This means that any damages you are awarded will be reduced by the percentage of your fault.
For instance, if you are determined to be 40% at fault for your slip and fall injuries, that is how much your compensation will be reduced.
For example, you may be determined partially responsible for the accident if an eye-witness states that you stepped across caution tape that had roped off a dangerous area. In this case, you may share partial responsibility for any ensuing injuries.
#2 – The statute of limitations for a slip and fall accident in New York is three years.
The statute of limitations refers to the amount of time the law allows for you to file a slip and fall lawsuit. If you wait to file your case until after the statute of limitations has expired, the courts will likely throw your case out.
That is why it is so important to begin working with an attorney right after you sustain injuries. The last thing you want is to be stuck with medical bills you can’t pay and the inability to work as a result of injuries from a slip and fall accident.
#3 – It’s wise to be prepared for the counter-arguments in a slip and fall case.
If you file a lawsuit for damages as a result of a slip and fall accident, the property owner may attempt to fight back and avoid paying you fair compensation for your injuries. It’s smart to have an idea of some of the counter-arguments the property owner could use in order to skirt some or all of the responsibility over to you. Here are some of the possible counter-arguments a property owner may use:
- You were in an area of the property where visitors shouldn’t be or are not anticipated to be.
- You weren’t concentrating on where you were going. (For example, you were looking down at your smartphone.)
- Your shoes were inadequate or dangerous for the conditions.
- The hazardous region was sectioned off through the use of cones and signs. (In other words, rational steps were taken to protect guests.)
- You should have noticed the unsafe environment.
#4 – There are several unsafe conditions that could lead to a slip and fall lawsuit.
The following are some unsafe conditions that can lead to an injury-sustaining slip and fall accident (but there are many more not listed here):
- Torn carpet
- Unexpected flooring changes
- Poor lighting
- Narrow stairs
- Wet floors
- Rainy, icy, or snowy ground
- Hidden hazards
#5 – It is possible to file a claim against the government for an unsafe condition on public property that leads to a slip and fall.
Some of the most common unsafe conditions that can lead to a slip and fall accident on public property include:
- Broken or cracked sidewalks
- Unsafe stairways
- Hazardous handrails
- Potholes
Slip and Fall Liability
If you have been involved in a slip & fall accident, you first need immediate medical attention. Then it is critical that you contact our firm as soon as possible after the accident. Our investigative team can document your case and acquire the evidence that will be needed in filing a claim for compensation.
Proving slip and fall liability in New York includes the following elements:
- The owner of the premises must have caused a dangerous condition on their property
- The owner of the premises must have known about this dangerous condition yet failed to correct it
- The owner of the premises understood that the condition was dangerous to others
The property owner may try to discuss the case with you or offer you a quick settlement. Never accept a settlement in a slip and fall accident without first getting legal representation from our firm. Fast settlements are almost always far lower in value than you could expect when represented by a Long Island personal injury attorney from our skilled legal team. Moving quickly in the case and contacting us before time passes is important when seeking maximum compensation in the case.
Who Can Be Held Liable for a Slip and Fall Accident?
If you’re hurt in a slip and fall accident, it’s natural to wonder who can be held liable for your injuries. Depending on the circumstances of the incident, there are a number of parties that may be held responsible. Read on to learn more.
Liable Parties In a New York Slip and Fall Accident
In general, there are two main parties that may be responsible for slip and fall injuries, depending on where the unsafe condition existed:
- The local government
- A property owner
Local Government
You may be able to hold the local government responsible for a slip and fall accident if it occurred on a sidewalk that:
- Is on public property or in a public area,
- Is not adequately maintained to city standards,
- Is not marked clearly for construction repairs, or
- Connects a one, two, or three-family home inhabited by the property owner as a residence.
You may become injured if you slip and fall on a sidewalk when ice and snow are present or if the sidewalk flags are uneven. It is also possible to slip and fall as a result of construction hazards that are not marked clearly enough for all passersby.
Property Owner
If you slip and fall on a sidewalk that is in front of any place other than a one, two, or three-family home, the property owner will likely be held responsible for all of the costs associated with your injuries. Consequently, business and rental property owners must maintain the sidewalks that connect their properties.
The city of New York was once responsible for making sure the sidewalks were maintained, but that changed in 2003. From then on, icy sidewalks and maintenance related to broken sidewalks have primarily fallen on the property owner.
Why You Should Choose our Long Island Slip and Fall Lawyers?
- We have more than 150 years of combined experience
- Millions recovered for clients throughout New York
- We don’t charge anything upfront: No recovery, no fee!
You must be able to prove that the property owner had prior knowledge of the slipping hazard and that they subsequently failed to take action. This can be difficult. As long as you can show that a reasonable person under the same circumstances would have noticed, and remedied, the slipping hazard, you should be able to recover compensation. Discuss the circumstances of your accident with a Long Island personal injury lawyer from The Odierno Law Firm, P.C.
Call our firm today to learn more in a FREE case review!
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We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no recovery, no fee policy, so you don’t pay unless we win.
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