If you’ve ever slipped and fallen in a parking lot or other area of your community, you may be wondering if the property owner is liable for your injuries. Slip and fall accidents often result in serious injuries that can change the course of one’s life. As such, it’s important to understand whether you have a legal claim against someone else for your injuries. This article will address what constitutes a slip and fall accident, when property owners are liable for such incidents as well as some tips on how to handle these cases successfully. If you or a loved one have sustained injuries in a slip and fall accident, contact one of our expert Bronx, New York slip and fall attorneys at Pryor Law to learn more about your rights.
What is a Slip and Fall?
A slip and fall accident can happen anywhere. It typically can happen when another person, business, or government entity fails to properly maintain their property. In many cases, these injuries can result in serious physical harm and even death.
In order to bring a claim for a slip and fall injury, you will need to prove the following:
- The condition was unreasonably dangerous; this means it was more than just dangerous—it had no reasonable purpose whatsoever; (is unreasonable the standard? I don’t recall that limitation)
- The owner knew (or should have known) about the dangerous condition;
- The property owner was negligent in some way; they did something, or failed to do something that caused your injury (for example, failing to clean up spilled liquid).
- Their negligence was the cause of your injuries
If you have been injured because of someone else’s carelessness, you should contact an experienced personal injury attorney who specializes in these types of cases right away so that they can start working towards recovering compensation for your damages and losses.
Who is liable for my New York Slip and Fall accident?
Slip and fall accidents are one of the most common types of personal injury cases. Property owners have a legal duty to keep their premises safe for guests and visitors. The “reasonable care” standard is the basic level of care that property owners must provide in order to prevent slip and fall accidents. What does this mean? In order for an injured person to recover damages from the property owner, he or she must show that the owner violated this duty by failing to take reasonable steps to protect against hazardous conditions on his or her property, for example, shoveling after a snow storm.
The duty of care refers to what is required of someone who owns something (like a business) in order to prevent harm to those who walk the premises (customers). For example, if a grocery store fails to clean up spilled liquids on its aisles for an extended period of time, it may be liable to one who slips and gets injured.
Where do slip and fall accidents typically occur?
Parking lots
You may find yourself walking through a parking lot on your way to work or school. If you’re lucky, it will be dry and well maintained, but if not, there are many hazards that can cause you to slip and fall.
Parking lots can have potholes, cracks and other hazards that aren’t noticeable until you step on them and lose your balance. Parking lots also tend to be wet during winter because of snowmelt or rainwater runoff from streets or gutters. This makes them slippery when combined with ice formed from snowmelt in colder temperatures.
If a business fails to properly maintain its parking lot during the winter months—and even in warmer seasons—the business owner is responsible for any injuries suffered by others due to poor maintenance.
Sidewalks
Sidewalks are the most common locations for slip and falls. New York City has a shared responsibility law that requires property owners to clear snow and ice from their sidewalks within 24 hours of a storm. Property owners can be fined $100-$200 if they don’t comply with this rule. If you trip on an uncleared sidewalk, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, and more.
Commercial buildings
Commercial buildings often have a higher risk of slip and fall accidents. This is because they tend to have more people on their premises, which can lead to a greater number of slip and fall injuries. In addition, commercial buildings are often larger than residential properties, which means there are more places where someone could slip and fall. If you were injured while working at your office or another business, it is important that you speak with an experienced Bonx, New York slip and fall attorney who can help you determine whether or not the accident was the result of negligence.
Stores and supermarkets
Slip and falls are common in New York. Stores and supermarkets, for example, can be dangerous places to work or visit during snowstorms. Owners have a responsibility to keep their premises free from hazards during snow and ice storms. However, if an owner fails to do so and you suffer injuries as a result of going down on slippery stairs or stairs that were covered with ice due to poor maintenance, you could be entitled to compensation for your injuries under New York law.
What is the “reasonable care” standard?
The legal standard that applies to slip and falls on a property is called the “reasonable care” standard. To prove your case, you must show that the property owner failed to use reasonable care in one or more of four ways:
- The property owner must take steps to prevent the hazard from occurring. For example, if a public space has loose stones on its sidewalk, it would be reasonable for an owner to hire someone to sweep them up before they injure someone.
- The property owner must take steps to warn people about any hazards on their land. For example, if there is an open manhole cover in front of your store’s entranceway, it would be reasonable for owners of the store building (and perhaps even adjacent buildings) to put up signs warning customers about it so they don’t fall down into it.
How long do I have to file a slip and fall claim?
Don’t wait to contact an experienced slip and fall attorney to file your claim, as there is a time limit. The statute of limitations for slip and fall accidents only extends three (3) years from the date of the accident, meaning you must file your lawsuit within three years of the accident. If your slip and fall accident occurred on public property, the statute of limitations is only 90 days from the date of the accident, as you will need to file a notice of claim against a government entity.
Slip and fall accidents can be serious, and in some cases, fatal. If you or someone you know has suffered an injury on someone else’s property as a result of a slip or fall accident, it is important to contact an experienced Bronx, New York slip and fall attorney as soon as possible. For more information about your legal rights after a slip and fall accident, contact Pryor Law at (718) 829-0222 or fill out our online form for a free, no-obligation consultation today!
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Pryor Law
292 City Island Ave., Bronx, NY 10464
Phone: 718-829-0222 | Email: info@pryorlaw.com
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