If you are injured in a slip-and-fall or tripping accident on someone else’s property, you may have grounds to file a personal injury claim against the property owner, but there is a limited time allowed to commence a lawsuit. The type of claim that can be made for a slip and fall or tripping accident is called a negligence action for personal injuries. The New York Civil Procedural Rules require that a general negligence action must be commenced within three years of the accident. CPLR Sec. 214(5). If you do not file that lawsuit within the statute of limitations, it will be dismissed to bar you from any recovery.
Notice of Claim and Time to Commence Suit against Municipal Defendants
If the property owner where you had your accident is owned or operated by a government entity such as a City, Village, or Township, you will first be required to file and serve a Notice of Claim upon that municipality within 90 days of the accident. The failure to timely serve that Notice of Claim can preclude the right to file a lawsuit for personal injuries against that municipality.
Also, the time to commence a suit against a municipality is not three years in New York, but one year and nine days from the accident. The laws have many deadlines for litigation which is why it is so important to speak with an experienced personal injury attorney immediately after an accident to help protect your rights.
Building a Slip-and-Fall Claim in New York
If you were caused to trip on a broken or mis-leveled sidewalk, or a fence around a tree, it is not always clear who is responsible for maintaining that area. Either the abutting property owner or the local municipality may be responsible, or a combination of both. Calling a slip and fall attorney for a free consultation can help you make sure the correct parties are served with a Notice of Claim and named in a lawsuit to avoid missing statutory deadlines.
Under New York’s premises liability laws, property owners must address any safety hazard they know about or should know about as a property owner. Owners of property are required to conduct regular inspections of their property for unsafe condition. Most large commercial buildings have property managers who should have someone conducting regular inspections of the property. These commercial property owners are expected to keep maintenance and repair records of their building, which your personal injury attorney will demand in litigation. If the property owner failed to inspect the area where the unsafe condition caused your accident, that may help prove they were negligent.
Your New York slip-and-fall attorney can gather the evidence needed to prove that the property owner in question failed to meet this duty of care. Your attorney can also help you resolve allegations of comparative fault that may diminish your recovery, and you can trust your attorney to determine all the damages you are legally eligible to claim from your accident.
Slip-and-fall accidents are more common and more damaging than many people realize. The National Safety Council reports that there were more than 8.8 million emergency room visits in the US in 2023 for fall-related injuries, and falls are a leading cause of accidental injuries and deaths nationwide each year. These accidents can result in broken bones, brain injuries, damage to internal organs, and various long-term medical complications.
Proving that a property owner is responsible for your slip-and-fall can be challenging, and meeting the statute of limitations is a crucial procedural requirement for this or any other personal injury case in New York. Having the right attorney representing you significantly improves your chances of reaching a favorable outcome in your case, so you should reach out to an attorney you can trust as soon as possible after your accident.
The Law Office of Brett J. Nomberg, PLLC has more than 30 years of experience helping injured clients recover from all types of accidents throughout New York. If you believe that you have grounds to file a slip-and-fall claim, it’s important to start building your case as soon as possible to meet the statute of limitations. Reach out to our team to learn how a New York slip-and-fall attorney can assist with your case.
FAQs
What Evidence Do You Need in a Slip-and-Fall Claim?
The evidence needed in a slip-and-fall claim should include photographs and videos showing the unsafe conditions that caused the accident. Any opportunity to obtain security footage from the defendant’s property or an adjacent property owner should be immediately explored. Witnesses should be sought promptly after the accident. Some evidence will be difficult to obtain without an attorney’s help so it’s vital to hire a slip-and-fall lawyer at your first opportunity to allow them to start gathering evidence.
What Happens if I Was Partially Responsible for My Slip-and-Fall?
If you were partially responsible for your slip-and-fall, New York upholds a pure comparative fault rule for most types of personal injury cases, and this rule is likely to come into play for your case. If the case goes to trial, a jury will apportion a percentage of fault between the defendant and the plaintiff (accident victim), and the total award will be reduced by that percentage of fault attributed to your negligence.
What Is a Slip-and-Fall Claim Worth in New York?
In New York, the value of a slip-and-fall claim depends on the overall severity of the damages you suffered. If you can prove that a property owner is liable for your accident, you may be able to recover compensation for medical bills, lost wages, and your pain and suffering. The defendants will have attorneys representing them so you are more likely to obtain fair compensation if you have an experienced attorney representing you as well.
What Is a Property Owner’s Duty of Care in New York?
In New York, a property owner’s owes a duty to maintain their property in a reasonably safe condition. The property owner will be responsible for failing to remove unsafe conditions that they knew about, should have known about, or created.
Why Should I Hire a Slip-and-Fall Lawyer?
You should hire a slip-and-fall lawyer because the property owner’s insurance company will hire defense attorneys to try and dispute or minimize your claim. An experienced personal injury attorney can help you gather the evidence you need to prove liability, accurately calculate your claimable damages, and help you meet the slip-and-fall statute of limitations in New York. Litigation is a specialized field of law and it is important to hire an attorney with experience in litigation and trial work in New York.
A New York slip-and-fall attorney at the Law Office of Brett J. Nomberg, PLLC is an invaluable asset to help you win your case. We believe in client-focused legal representation, and you will work directly with your attorney when you choose our firm to represent you. Contact our team today to schedule a free consultation with a New York slip-and-fall attorney and learn more about the legal services we offer.
