Representing Slip-And-Fall Victims
Slips, trips and falls are the most common types of premises liability accidents. An individual can slip and fall on virtually any property — a public park, the grocery store, the workplace or right at home. To have grounds to sue for slip and fall injuries, the victim must be able to prove that someone else’s breach of duty caused or contributed to the incident. Premises liability claims follow slightly different procedures than other personal injury claims in New York. Retain a skilled NYC slip-and-fall attorney with experience in these types of cases at Meirowitz & Wasserberg, LLP.
Slip-And-Fall Claims In New York
Not all slip-and-fall accidents give the victims grounds for a lawsuit. The NYC civil courts require specific elements of proof for a plaintiff to recover damages after a slip and fall. It’s important to seek help from a knowledgeable NYC personal injury lawyer for these types of cases. Otherwise, you could make a mistake that leads to the courts dismissing your claim — even if it has merit. Understanding when you may sue for a slip-and-fall can help you take appropriate legal action after such an accident in New York. Here are a few important facts:
- You have to prove several elements. You must prove that the defendant owned or controlled the property and that he or she was negligent in its care. The property owner had to have known or reasonably should have known, about the hazard and done nothing to remedy the situation. If the property owner had no reasonable way of knowing about the hazard, or if another prudent owner wouldn’t have noticed the hazard, the courts may not find him or her guilty of negligence.
- You may share fault for your accident. Slip-and-fall cases almost always consider the question of shared fault. The defendant may argue that the plaintiff could have prevented injury if he or she had paid more attention. The courts may assign the plaintiff a percentage of fault if this is the case. In New York state, plaintiffs may still be eligible for compensation despite sharing fault for the slip-and-fall. The courts will reduce your compensation award by your percentage of fault.
- You can sue the city for an unsafe public property. If your slip-and-fall occurred on city-owned property, like a public park, you may be able to bring your claim against New York City itself. Claims against the government have very strict requirements and filing deadlines. Always seek help from an experienced NYC slip-and-fall attorney if you need to go up against a government entity after an accident.
Property owners in New York have certain duties and responsibilities depending on who is entering the property. For example, business owners owe greater standards of care to customers than homeowners owe to houseguests. You must understand your classification as a visitor on the property and the owner’s related duties of care to know whether or not you have grounds for a premises liability claim.
Free Legal Consultation With An NYC Slip-And-Fall Lawyer
If you or a loved one was injured in a slip-and-fall accident, do not hesitate to contact the legal team at Meirowitz & Wasserberg, LLP. Our lawyers can help you with these and other considerations involved in filing this type of suit in NYC. Your main focus following an accident should be on your recovery — let us handle the claim. Give us a call at 212-897-1988 or contact us online to get started on your free case evaluation with a seasoned NYC slip-and-fall attorney at our firm.