If you’ve slipped on a wet floor or tripped over a cracked sidewalk, the resulting injury can be severe. These incidents are not minor; they often form the basis of a premises liability claim in New York. To recover compensation, you need the support of a dedicated slip and fall attorney.
Premises liability is the legal principle holding that property owners and managers have a duty of care to maintain a reasonably safe environment for visitors. When they fail in this duty, and someone is injured as a direct result, the owner can be held financially accountable.
The Critical Element: Proving Owner Negligence (The Power of “Notice”)
Simply falling on someone’s property isn’t enough to secure compensation. Your slip and fall attorney must prove that the owner or manager was negligent by demonstrating they had notice of the dangerous condition.
Notice can be established in two critical ways:
- Actual Notice: The owner or an employee knew about the condition because it was directly reported or personally observed.
- Constructive Notice: The owner should have known about the danger because the condition existed for long enough that a reasonable inspection would have revealed it.
Proving constructive notice often requires obtaining evidence like maintenance logs, inspection reports, and surveillance footage—complex tasks best handled by an experienced legal team.
Common Causes & The Rule of Comparative Negligence
In areas like Brooklyn, Queens, and the Bronx, slip and fall accidents frequently stem from:
- Failure to clear snow and ice from sidewalks.
- Cracked, uneven, or defective sidewalks and pavement.
- Spills in commercial spaces without warning signs.
- Poor lighting or broken stairs in common areas.
A strong claim accounts for the defense strategy of blaming the victim. New York follows a rule of pure comparative negligence (outlined in New York Civil Practice Law and Rules (CPLR) § 1411). This means you can still recover damages even if you were partially at fault for the accident, though your final compensation will be reduced by your percentage of fault. If a jury finds you 20% responsible, your award is reduced by 20%.
What to Do After an Accident
Your immediate actions are critical for your case:
- Document Everything: Take clear photos of the exact hazard, the surrounding area, and any lack of warning signs.
- Report the Incident: If on commercial property, insist on filling out an incident report and request a copy.
- Seek Medical Attention: Get treated immediately. Medical records are essential to link your injury directly to the fall.
- Avoid Speaking to Insurance Adjusters: Their goal is to minimize your payout. Refer all calls to your lawyer.
Don’t Delay: The Statute of Limitations
The window for filing a personal injury lawsuit in New York is limited—typically three years from the date of the accident. This deadline can be significantly shorter if the accident occurred on government property (sometimes as short as 90 days for filing a notice of claim).
If you’ve suffered a serious injury due to negligence on someone else’s property, don’t miss this critical window. Contact Binson Law today for a free, confidential consultation. We are ready to put our experience as a leading personal injury attorney to work for you.