What to Expect When Filing a Slip and Fall Lawsuit in New York
Slips, trips and falls can leave victims with severe and sometimes life-altering injuries, resulting in tremendous financial burdens and economic losses. Every year hundreds of New York’s denizens are injured from improperly maintained or unsafe conditions on another’s property, including cracked sidewalks, slippery floors, uneven flooring and other potential hazards.
If you sustained a slip and fall injury and are contemplating legal action, you may be curious how the litigation process works and the potential timeframe for resolution of your case. New York slip and fall lawyers at The Sanders Firm can attest that every claim is different, and depending on the circumstances and extent of your injuries, a lawsuit can take months before a settlement is reached or your case goes to trial. However, what we can guarantee our personal injury clients is unrivaled legal counsel and the experience to recover maximum damages in a court of law.
Premises liability accidents in New York
Valid grounds for filing a slip and fall lawsuit in NY hinges on proving third party liability. State law dictates that property owners and managers must provide a safe environment for patrons and guests, so whether you’re dining in a Manhattan restaurant, browsing shops in a Long Island mall, or visiting a friend’s apartment in the Bronx, the premises must be kept reasonably safe for all visitors.
If you fell or slipped because of a wet floor, broken step, cracked sidewalk or other hazard, our attorneys will determine whether the property owner:
- Knew about the property hazard that led to your accident and did nothing to remedy the problem
- Had a part in creating the unsafe condition, or knew about it and failed to take appropriate action
- Or, should have known about the hazard because a reasonable owner would have discovered the condition
Bruises and superficial scrapes may result from some slip and fall accidents. More serious incidents often entail hospitalization and treatment for broken bones, torn ligaments, open head wounds, spinal cord trauma and traumatic brain injury.
NY slip and fall attorneys can help prove liability
During a free case evaluation, our lawyers will examine the facts of your injury to help establish whether the property owner was negligent and now liable for your medical expenses and other related losses.
Some of the questions we take into consideration are:
- Does the property owner or manager have a routine for ensuring his grounds are safe and free of obstacles and hazards?
- Could a sign have been posted to prevent visitors from tripping or slipping?
- Did faulty or old lighting contribute to the incident and your injury?
- If you tripped and fell because of a hole or uneven surface, was the obstacle there long enough that a reasonable owner should have been aware of the situation?
If an operator or property owner was negligent, a premises liability lawsuit may be the next step for victims to recover much needed compensation.
Our legal team will guide you through the litigation process, which typically entails:
- Filing a personal injury complaint
- Discovery phase
- Pre-trial motions
- Mediation or settlement negotiations out of court
- If no settlement is reached, a trial which may last between 2 and 5 days
Contact The Sanders Firm today
If you have been harmed in a slip, trip or fall accident in any New York borough and need the advice of a veteran personal injury attorney, The Sanders Firm is just a phone call away. We will assess the facts of your case to determine whether you have a viable claim for damages, including those for all medical expenses, lost income, pain, suffering and reduced earnings.
We invite you to call our New York offices at 1.800 FAIR PLAY (888.972.8566).
- National Safety Council, Protecting Ourselves from Slips, Trips and Falls, http://www.nsc.org/safety_home/Resources/Pages/Falls.aspx
- CDC, Falls Among Older Adults: An Overview, http://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html