When a slip and fall injury occurs, often there was some hazardous condition present on the property that led to the accident. The property owner or manager may be responsible for not providing safe conditions on the property and may be liable for your accident.
Slip and fall claims can arise out of injuries on almost any type of property, including:
Slip and fall accidents can result in lasting injuries that disrupt your life for months or years to come. If you have sustained an injury as a result of a slip and fall accident, in addition to the physical pain from your injuries, you may find yourself in a very difficult situation:
Slip and fall lawsuits against municipalities were once very common, as injury victims sued for damages after getting hurt on city sidewalks, streets and municipal parking ramps. Over the past several years, however, the city has successfully lobbied to shift liability to the adjoining property owner. To win a premises liability lawsuit in today’s legal and political atmosphere requires a thorough knowledge of property law, municipal regulations, and how judges and juries are likely to interpret laws involving personal injury litigation.
New York law gives municipalities and municipal agencies the right to receive a written notice of an incident and the intent to pursue a claim within 90 days of the incident. This written document is known as the Notice of Claim since you are giving the municipality or the municipal agency a notice that you have a claim.
If you fail to file a Notice of Claim within 90 days, then you lose the right to file a lawsuit.
The Notice of Claim deadline is in addition to the Statute of Limitations deadlines that exist. All motor vehicle accident, slip and fall, medical malpractice, wrongful death and personal injury cases in New York must be filed within a certain amount of time. That deadline is called the Statute of Limitations (click here to learn more about the Statute of Limitations).
Securing financial compensation in slip and fall cases can be difficult because of confusing issues of ownership, responsibility, and causation. To win a premises liability lawsuit in today’s legal and political atmosphere requires a thorough knowledge of property law, municipal regulations, and how judges and juries are likely to interpret laws involving personal injury litigation.
Photos: Take photographs of the scene of the accident, your clothing and shoes and any visible injuries to document your injury.
Incident Report: If you suffer injuries in a store or restaurant, file an incident report. You can do this by asking for the manager. They will then document your version of the accident. This will prove to be valuable in representing you for your injuries. Unless you are unable, make sure you obtain a copy of the accident report before you leave.
Witnesses: If someone witnesses your fall, try to get their name, address and telephone number.
Evidence: We recommend you save the item that caused your fall. For example, if you slipped on a piece of fruit or a vegetable, place the item in a plastic bag and freeze it. You may also want to safeguard the shoes you were wearing at the time of the fall. These can be placed in a plastic bag and taped shut to preserve any matter stuck to your shoe.