Slip and Fall Laws in New York City Explained
from A New York City Accident Lawyer
Introduction:
Slip and Fall accidents are very common in New York City and Long Island. Whether it’s on a sidewalk, in a subway station, or within a building, these accidents can happen unexpectedly and lead to serious injuries.
Slip and fall accidents can be due to snow and ice or spilled liquids. We even have seen slip and fall accidents due to slushy snow and oil or other substances. Understanding slip and fall laws in New York City is super important for residents and visitors alike. By examining the nuances of these regulations, individuals can better protect their rights and navigate potential legal procedures in the event of an accident.
Exploring the Nuances of Slip and Fall Accidents:
A slip and fall accident occurs when an individual loses their footing, trips, or falls due to a hazardous conditions on someone else’s property. These conditions could range from slippery floors and uneven surfaces to inadequate lighting or obstructed pathways. In New York City, property owners have the legal responsibility of maintaining safe premises and mitigating risks to all visitors’ safety.
Liability in Slip and Fall Cases:
Determining liability: Whose fault is it? In slip and fall cases, there are various factors. Under New York law, property owners may be held liable if they were aware of the hazardous condition or should have reasonably known about it through routine inspections. In addition, of they created the condition then it’s their fault.
A great example of this is when a property owner removes the snow from the sidewalk but in doing so, they make the condition more hazardous. So, if they left some ice that was now harder to see then they created that condition.
Understanding Comparative Negligence:
New York follows a comparative negligence rule in personal injury cases, including slip and fall accidents. Simply put the accident could be a combination of both people fault.
A sample of this would be in a snow and ice case, it could be the property owner for not cleaning the snow but also the person who got hurt fault as maybe they were running and not paying attention.
So theoretically a judge or jury can give some percentage depending on the circumstances. Sample would be 75% property owner fault and 25% the person running fault.
Good news is though even in cases of shared fault, individuals may still be entitled to compensation.
Navigating the Statute of Limitations:
Time is of the essence in slip and fall cases, as they are subject to a statute of limitations in New York. Generally, individuals have three years from the date of the accident to file a lawsuit
However, if you fell on a city-owned property or a city municipality, think MTA property, you have as little as 90 days.
Stating this, it is very important to contact a personal injury lawyer ASAP following a slip and fall accident in New York City.
Seeking Legal Counsel:
In the aftermath of a slip and fall accident, seeking the advice of a lawyer can be invaluable. Lawyers have the expertise to assess the intricacies of each case, gather compelling evidence, negotiate with insurance companies, and advocate vigorously for fair compensation. These types of accidents shouldn’t cost any money as the lawyers work on contingency basis not an hourly fee basis.
Conclusion:
Slip and fall accidents can disrupt lives and result in significant physical, emotional, and financial burdens. Understanding the intricacies of slip and fall laws in New York City is paramount for protecting one’s rights and pursuing compensation for injuries. By staying informed and seeking legal guidance when needed, individuals can navigate the legal landscape with confidence and resilience. Remember, in the wake of a slip and fall accident, legal support is readily available to help you navigate the path to recovery.