New York Slip and Fall Accident Attorneys
Everyone has tripped or slipped at some point in his life and usually the most severe damage is to the person’s pride. But sometimes real injuries occur, such as broken bones, concussions, or back and neck trauma. When these accidents are due to someone else’s negligence, it’s only right for the party who’s at fault to compensate you for your medical bills, time lost from work, and the suffering you’ve endured. An experienced New York slip-and-fall attorney can help you recover what you’re owed, so you can focus on your health instead of worrying about how to pay for your care and provide for your family.
Who’s At Fault?
Slip-and-fall suits hinge on the concept of negligence, which means someone had a responsibility toward you and failed to take reasonable actions to fulfill that responsibility. For example, every home, and apartment owner in East Village has the responsibility to make sure that the sidewalks in front of his or her property are kept in good repair and are cleared of snow and ice. Shop owners have the responsibility to make sure that the floors in public areas are kept free of trip hazards and spills, or that adequate warnings are provided about potential dangers. The City of New York has the responsibility to ensure that sidewalks and parking lots in and around public parks and buildings are safe, and the New York City Housing Authority is responsible for dangerous conditions in and around its apartment buildings.
If a property owner ignores these responsibilities and fails to keep his property safe for visitors, then the owner is at least partially at fault.
However, it’s important to also note that even if you’re injured due to someone else’s negligence, you have a very limited amount of time during which to act – in some cases as little as 90 days. If you think you might have a claim, it’s very important that you consult an experienced slip-and-fall attorney right away.
Do I Have A Case?
There are a few factors to consider (besides your injuries) when you’re considering bringing a negligence suit against a property owner. If the answer all of the following questions is “yes,” then you should call us right away to start the process while the window of time is still open. If the answer to one or more of these questions is “I don’t know,” we’d still love to talk to you, but ask that you provide us with as many facts as possible to help you determine whether or not you have a case. Our consultations are always free and we only get paid if you win your suit – so please feel free to call us, even if you’re not sure your situation qualifies.
Did the property owner have a responsibility toward you?
While your gut reaction to this question may be unequivocally “yes,” not all property owners have a responsibility to protect you all the time. For example, if you were on private property without an invitation when you were injured, the owner cannot usually be held liable. Likewise, f you ignored clear warnings about the dangers or if you were doing something inherently risky when you were injured, the property owner may not be responsible or only partially responsible for your injuries.
Was the property owner negligent?
In order for the property owner to be considered “negligent,” he or she must have deviated from the standard of reasonable precautions. This means he knew (or reasonably should have known) about the danger in advance, had the opportunity to fix it, yet ignored it when a prudent person would have remedied the situation. For example, if a homeowner fails to salt and shovel the walk in front of his house and you slip and fall, he can be held liable; but if it was still snowing or it had only recently stopped snowing and he did not have time to clean the walk, then he cannot usually be held liable, since he was not negligent and had no opportunity to fix the problem.
Was this negligence the direct cause of your injuries?
In order for you to qualify for damages, the negligence must be the direct cause of your accident and all the injuries. For example, if you slip and fall down the stairs because of a loose step and break your leg, you may be eligible for damages pertaining to the broken leg. However, if in the process of setting your leg, you incur extra medical bills because the doctors discover that you have a pre-existing condition that complicates your recovery, you would likely not be able to recover damages for the increase, since the fall is not directly responsible for the complications.
If you’ve been the victim of a slip-and-fall accident, it’s very important to take action immediately. You only have 3 years to file suit, unless you are suing any type of city entity, including the NYCTA, NYCHA, city bus or subway. Then you have only 90 days to file a notice of a claim. So call our law office today and let’s discuss your case: (212) 777-9400.