Slip and Fall accidents are common in homes and workplaces, their cause being wet floors, potholes, falling debris, and much more. These accidents have been linked to traumatic brain injuries, bone, and hip fractures, and even death.
Nevertheless, you can claim compensation for damages incurred if you slipped and fell in New York City on a property owner’s premises with evidence pinpointing negligence of the property owner. If this does not work, you may file a lawsuit by drafting a summon and complaint, paying the filing fee, and then submit the document to the court.
For this reason, you should consult experienced New York slip and fall lawyers who have a grasp of premise liability laws in New York City and can help strengthen your settlement claim. However, your case might be affected by several laws and legal rules within the state. These may include:
The Statute of Limitation
The statute of limitation is a law found under New York Civil Practice Laws & Rules section 214. This law states that victims of slip and fall accidents on a property owner’s premises should file a lawsuit against the property owner within a time limit of three years or else your case will be dismissed if you miss this deadline.
Additionally, this law applies to property damages incurred such as breaking an expensive watch that you were wearing when you fell but you were unharmed. However, this time limit can be reduced to 1 year and 90 days if the defendant is the municipality of the city.
Comparative Negligence Rule
A slip and fall accident case in New York City has to undergo a comparative negligence rule. It determines the amount you should be compensated if the jury discloses contributing acts of negligence that make you a part of the fault in the accident. As a result, the value of your slip and fall settlement claim will be reduced depending on the percentage of your negligence.
In addition, the property owner could blame you for the accident if they argue you were in a restricted area where visitors aren’t allowed, you were wearing footwear that exposed you to the situation or the hazardous condition was open and obvious to you.
Slip and fall lawyers in the state of New York can help in establishing liability in your case by proving that the property owner was not reasonable to remedy or prevent the hazardous situation. Additionally, the property owner should have undertaken a legal duty to maintain their property in a harmless condition for guests. That being the case, having a strong case that identifies the property owner’s liability to the accident, can help in overcoming this concept of shared fault.
Slip and fall accidents continue to be a common issue that can result in disruption of the quality of your life. Nevertheless, you should not have to carry the burden of the accident alone as you are entitled to compensation for losses incurred. Contact experienced slip and fall lawyers if you have been injured in such an accident to strengthen your injury case.