The Law on Slip and Falls in New York City
The law on slip and falls that is followed in New York City mirrors the law for the rest of the state of New York. It just so happens that New York City has 8 million+ residents and an endless amount of pavement where people can be injured in a slip and fall. This makes slip and fall cases unfortunately way too common in New York City where people can be injured in a variety of ways. The first steps towards understanding the law on slip and falls is understanding what a “duty” is, and if you were owed that duty by anyone.
A property owner has a legal duty of care to visitors to their property. If that property owner was negligent in maintaining the property making it safe for visitors, then they can be liable for any injuries suffered on their property due to a slip and fall. Visitors to a property are classified into three different categories, and the level of care a property owner owes you is dependent on which category you fit in. The three main types of visitors for slip and fall cases in New York City are:
• Invitees: These are people who are welcome and invited onto the property. The most common example of this is someone shopping at a clothing store. The shopper would be considered an invitee since they are welcome onto the property to do business. A New York City landowner has a legal duty to reasonably ensure that invitees are safe when they visit the property.
• Licensees: A licensee is someone who can visit the property of a landowner because they have the owner’s implied consent. The most common example of this is a utility worker working on your property. The utility worker would be considered a licensee. A New York City landowner owes a lesser duty of care to a licensee as he or she would an invitee. The landowner in this case is only required to inform the licensee of any hazardous conditions that exist on the property that the landowner knows about or is supposed to know about.
• Trespassers: A trespasser is someone who doesn’t have any permission from the owner to be on the property, implied or otherwise. The most common example of a trespasser is someone who jumps over a security fence to enter a property. The person doing this would be considered a trespasser. A New York City landowner does not owe any legal duty of care to a trespasser.
If you have been injured on the property of another in New York City, and you were owed a legal duty of care as described above, then you might be entitled to a money judgment.
Did you know that what you do immediately after you suffer an injury can have a big impact on your case? There are five basic steps that you should always take in after a slip and fall in New York City in order to best help you recover money for your injuries, they are:
- Take clean photos of the scene of the accident, showing exactly where and how you were injured.
- Make sure an incident report is filed with the management of wherever your injury occurred and make sure you get a copy of that report.
- Record the names of everybody involved right from the very beginning.
- Immediately go seek medical attention for an evaluation of your injuries.
- Take clean photos of your injuries from multiple angles as soon as possible.
You can really hurt your potential slip and fall claim if you fail to do any of these five things. It is important to remember, the more evidence you have, the stronger your slip and fall claim will be. If you are able to put together the right evidence, you put yourself in a much stronger position to be compensated for your injuries from a slip and fall. If you have any specific legal questions about a potential slip and fall claim, then it is important to seek the advice of an experienced New York City slip and fall attorney as soon as possible.
Contact Sam n Dan for a Free Consultation
If you or someone you love has been injured in a slip and fall in New York City, then it is important to speak with an experienced New York City slip and fall attorney as soon as possible. If you are looking for an honest assessment of your case that will cost you nothing, then contact us at Meirowitz & Wasserberg, LLP at 1-800-726-6326 today or online here. The advice is free, and our conversations will be confidential even if you choose to hire another attorney. We operate on a contingency fee basis; if there is no recovery, then you are not charged a fee, simple as that.