Any excursion outside of the home, even one as simple as walking to your mailbox, carries with it the potential to slip and fall. If this kind of accident occurs while on someone else’s property due to an issue the owner could have reasonably prevented, they may be liable to pay damages.
New York’s laws concerning fault for slip and falls examines the landowner’s obligations in protecting the injured person. A Bronx slip and fall lawyer investigate every aspect of your case to establish this duty and to prove that the property owner failed to protect you. By working with a Bronx personal injury attorney you may give yourself the best chance of recovering the compensation you deserve.
How Are Slip and Fall Cases Handled in New York?
While some states mandate a complex legal analysis for slip and falls, New York uses a simpler interpretation of the standard law. Whenever an accident happens on another person’s land, the only necessary question in terms of justifying a personal injury case is whether it was reasonable for that landowner to protect the injured person from a known hazard.
The answer to this question can take many factors into account, such as why the visitor was on the land, whether the hazardous condition occurred in the past, and whether the landowner knew or should have known of the condition prior to the incident. In some cases, there may also be some extent to which the visitor assumed the risk of an accident by virtue of entering the property, which can affect their liability for a lawsuit.
What is Comparative Negligence?
New York also follows the rule of comparative negligence. This means that even if the plaintiff is partially responsible for the accident, they may still recover damages. For example, if a person falls on ice outside of a convenience store and breaks their leg, the jury may award $50,000 in damages. However, the same jury may state that the injured person was 20 percent at fault, perhaps because they were running or wearing improper shoes. The total award would then be reduced to $40,000. For more information about comparative negligence, contact a knowledgeable Bronx slip and fall lawyer.
Typical Damages Available in Slip and Fall Cases
A slip and fall may sound like a minor concern compared to a car crash or workplace accident. However, slip and fall accidents may force a person quickly and unexpectedly to the ground, and the sudden impact may lead to serious injuries. Concussions, severe bruising, separated joints, and broken bones are just a few of the common injuries that can result from these accidents. In extreme cases, victims can suffer from traumatic brain injuries or spinal cord damage that causes paralysis.
The damages that can be claimed in a slip and fall case are not limited to medical costs. Especially severe claims may incorporate other non-physical losses, such as missed time at work and loss of enjoyment of life as well.
Remember, even the most straightforward slip and fall cases may fail if the claim is not filed in time, as there is a strict statute of limitations that control when a plaintiff may file a case in court. According to New York Civil Practice Law and Rules 214, any claim alleging personal injury must be brought to court within three years of the date of the accident.
Experienced Representation for Slip and Fall Cases in The Bronx, NY
Any slip and fall incident on anyone else’s property may be grounds for a claim. Even in a rented apartment, the landlord has a duty to ensure that the unit is safe for habitation.
To win a slip and fall case, the plaintiff must show that the defendant knew of the hazard and yet did not warn the plaintiff. A Bronx slip and fall lawyer could work to support this notion by interviewing witnesses, examining incident reports, and watching security footage to get to the bottom of the accident. Call today to learn more about your rights following a slip and fall.