If you’ve experienced a slip and fall accident in New York, you may wonder how to hold the property owner accountable for your injuries. Proving liability is an important part of recovering compensation for the damages you suffered as a result of the slip and fall.
Liability in Slip and Fall Cases
In New York, property owners are required to maintain safe premises for visitors. This obligation extends to both residential and commercial property owners and includes addressing potential hazards that could lead to slip and fall accidents.
The legal principle that holds property owners responsible for accidents and injuries that occur on their property due to unsafe conditions is called premises liability.
The duty of care a property owner owes depends on the visitor’s status. There are three main categories:
- Invitees: People invited onto the property for business purposes, such as customers in a store or contractors hired to remodel a home.
- Licensees: Social guests or others who are on the property with the owner’s permission.
- Trespassers: Individuals who enter without permission.
Property owners must take reasonable steps to ensure the safety of invitees and licensees by regularly inspecting their premises and addressing potential hazards.
Despite what many may think, homeowners also owe a duty of care to trespassers. For example, homeowners cannot set up pitfalls or traps to endanger the well-being of trespassers.
Initial Steps to Prove Liability in Slip and Fall Cases
Proving liability in a slip and fall case can be complicated. To receive compensation for your injuries, you will need to prove that your injuries were caused by hazardous conditions on someone else’s property.
You will also need to prove that the owner of the property where the accident occurred breached their duty of care and failed to properly address the hazards. Here are some steps to take to prove liability in a slip and fall case.
Identify How The Accident Occurred
One of the first steps to prove liability in a slip and fall case is to identify how the accident occurred. Slip and fall accidents can happen for many different reasons. Some common causes include:
- Wet or slippery floors
- Uneven or damaged walkways
- Poor lighting in stairwells or hallways
- Obstructions in walking paths
If the accident occurred because of hazardous conditions that weren’t properly addressed by the property owner, you may have a case for compensation.
Collect Evidence
To prove liability, you must demonstrate that the property owner failed to address a dangerous condition. It is therefore important to gather strong evidence.
Take photos of the accident scene, focusing on the hazardous condition that caused your fall. Collect contact information from anyone who witnessed the accident and can verify the conditions that led to your fall. If available, obtain video footage from security cameras to support your claim.
Prove The Property Owner’s Knowledge of the Hazard
To establish liability, you will need to prove that the property owner knew or should have known about the hazard.
You can do this by demonstrating that the property owner has actual knowledge and they were directly aware of the hazard. You can also do this by demonstrating constructive notice, meaning the hazard existed long enough that the owner should have discovered and corrected it.
Establish Causation and Damages
It is not enough to prove that a hazardous condition existed; you must also show that it directly caused your injury. Medical records and expert testimony can play a significant role in establishing this link.
Document Your Damages
You will need to demonstrate the extent of your damages to recover compensation. Save all documentation related to your medical expenses, lost wages and other damages.
Medical expenses may include costs for treatment, medication and rehabilitation. Lost wages are the income lost due to time off work and reduced future earning capacity. Non-economic damages include compensation for pain, suffering and diminished quality of life.
New York’s Comparative Negligence Law
New York follows a comparative negligence rule, which means that if you are partially at fault for your accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, the compensation you receive will be reduced by 20%.
It is important to understand how shared responsibility affects your settlement. The more evidence you can gather to minimize your percentage of fault, the better your chances of receiving full compensation.
Frequently Asked Questions
How long do I have to file a claim in New York?
In New York, the statute of limitations for a personal injury claim is three years from the date of the accident. It’s important to act quickly to preserve your rights and gather evidence. Working with an experienced attorney can help ensure you meet all deadlines.
What if there were warning signs present at the time of the accident?
If warning signs were present, it could impact your ability to recover full compensation. However, the effectiveness of the signs, their placement and whether they were clear and visible can all be challenged in your case.
How can I prove that the property owner was negligent?
Evidence such as maintenance records, witness statements and expert testimony can help build your case. An experienced attorney can gather the necessary evidence to prove negligence.
How does weather impact a slip and fall case?
Weather conditions, such as rain or snow, can create slippery surfaces. Property owners are generally required to clear walkways and address hazardous conditions within a reasonable time frame. However, the timing and nature of weather-related hazards can affect liability and must be carefully considered in each case.
Are slip and fall cases difficult to win?
Slip and fall cases can be challenging because they often involve proving that the property owner knew or should have known about the hazard. However, with strong evidence and legal representation, you can build a compelling case to demonstrate liability and secure compensation.
What if my slip and fall occurred in a rental property?
New York landlords are required to maintain the habitability and safety of their properties for tenants. Therefore, if your landlord’s negligence causes you to slip and fall in the property you are renting, you may be able to file a claim or lawsuit against your landlord. It’s important to work with an attorney to review your case and accurately establish liability.
Taking the Next Step
Proving liability in a slip and fall case can be complex, but with the right legal strategy, you can build a strong case for compensation. At Celino Law, we are committed to helping you achieve the best possible outcome. If you have been injured in a slip and fall accident, contact us today for a free case review. We are here to help you every step of the way.