New York Slip & Fall Attorney
In New York, property owners and operators have a legal duty to provide a safe environment for people who visit their premises. When properties are not maintained, or when hazardous conditions are allowed to exist without sufficient warning of potential dangers, a premises liability lawsuit can be filed against negligent parties. Our New York slip and fall lawyers have successfully represented injured clients for more than five decades.
In New York, property owners and operators have a legal duty to provide a safe environment for people who visit their premises
It only takes a single step to turn your daily routine into a life-changing accident. Maybe you’ve walked the same sidewalks for years or gone to the same supermarket dozens of times without ever losing your footing. Perhaps you’ve walked the same corridor at work or visited the same apartment complex to visit a friend over and over again. But this time, something wasn’t the same. As you took a step, you lost your footing and fell. Suddenly, the routine has turned into the catastrophic.
If you suffered slip and fall injuries, The Sanders Law Firm can explain your legal options, including who may be responsible and whether you qualify for a lawsuit. We offer complimentary case reviews and charge no attorneys’ fees unless we win.
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Get a Free Consultation From a New York Slip and Fall Attorney
It may be tempting to chalk up a slip and fall to your own clumsiness, bad luck, or the law of averages. You might tell yourself that these sorts of accidents just happen from time to time; that it’s not worth getting a lawyer involved. But usually, slip and fall accidents don’t “just happen.” They tend to happen for specific reasons that could have been avoided.
The Sanders Law Firm understands the devastating financial and emotional burdens faced by personal injury victims and their families. We are passionate about securing justice and compensation for New Yorkers who were hurt through no fault of their own.
Our experienced trial attorneys are dedicated to winning damages for the negligence or improper maintenance that resulted in your injuries. We bring more than 50 years of experience litigating premises liability cases in all New York boroughs and will help you seek reimbursement for past and future medical expenses, lost income, and related financial damages. When you retain a slip and fall attorney at Sanders, you’re working with a highly-credentialed team of legal and support staff that truly cares about your future.
Understanding New York Premises Liability
Slip and fall cases are a type of personal injury litigation known as premises liability. New York property owners, as well as parties that occupy the property, such as tenants, have a duty in most situations to keep the property in a reasonably safe condition. When a dangerous condition leads to an injury on the property, the owner/occupier may be held liable.
Typically, New York law does not distinguish between classes of persons who are on the premises (such as invitees, licensees, and trespassers). Rather, the question of liability is based on the reasonableness of the conduct under the circumstances. Conduct that is not reasonable is considered to be negligent. The test for negligence is how a reasonably responsible person would have used under the same circumstances. For example, would a reasonable person have repaired a staircase with a broken step, or put up a sign warning that a lobby floor is slippery?
Common causes of slip and fall accidents include:
- Slippery or wet floors
- Broken steps
- Poorly maintained public spaces
- Poorly marked changes in elevation
- Potholes and trenches
- Poorly lit stairwells
- Uneven floor surfaces
- Icy patches caused by snow build up
- Uneven elevators
- Trip and falls on public sidewalks
Construction Slip and Fall Accident Lawyers
Falls can happen anywhere. Even if you work a desk job, you aren’t totally safe from trip and slip hazards around the office. But certain jobs, such as construction, present a higher risk for slip and fall accidents. In fact, construction work is the most dangerous job in New York City.
Injured construction workers have the right to file a workers’ compensation claim for a slip and fall injury, regardless of how the accident occurred. However, under New York labor laws, they may also be able to file a lawsuit against the property owner, the general contractor, a subcontractor, or another party. Any compensation that a construction worker recovers in an injury lawsuit does not affect their ability to collect workers’ compensation, and vice versa. Injured construction workers may be eligible to recover both, and depending on the extent of their injuries, they may need both to completely cover their medical treatment, lost wages, and pain and suffering.
Proving a Slip and Fall Injury Case
There are very specific laws in New York State about property owners and how they must maintain their premises. Municipalities such as New York City, counties such as Suffolk and Nassau, towns, and even villages have specific laws with specific prerequisites needed to bring a lawsuit. When evaluating slip and fall accidents, The Sanders Law Firm look at a few key questions:
- Did the property owner create the dangerous or defective condition which caused the accident, or did the property owner know (or should have known) about the condition?
- If there was a dangerous condition, did the property owner provide sufficient warnings to potential property users?
- Was the condition “trivial” (that is, too small to be legally actionable)?
- Was the condition “open and obvious” (i.e., so apparent to any reasonable property user that it limits or negates the property owner’s potential negligence)?
- If the slip and fall accident is related to ice and snow, was it was still snowing at the time of the accident?
Every case needs to be evaluated individually to establish the facts. After a slip and fall injury, you owe it to yourself to speak with an attorney about what happened—and what might happen next. An expert slip and fall lawyer from The Sanders Law Firm can answer your questions during a free consultation. You have nothing to lose from a case review, and you could have much to gain in the form of compensation for medical bills, lost wages, and pain and suffering if we determine that a lawsuit is appropriate.
Liability in a Slip, Trip, and Fall Accident
Landlords, property owners, and municipal governments in New York are required by law to maintain safe walkways, sidewalks, and grounds. If a slip and fall resulted from poor lighting, a slippery surface, or uneven pavement, you are encouraged to seek legal counsel to determine whether you are entitled to damages. Our attorneys will review all the evidence in your case to establish the extent of negligence on the part of the property owner and advise you on the best course of action.
Third parties liable for personal injuries or wrongful death that occur on their premises include business owners, landlords, government entities, and other property owners. Every year, people who suffer slip and fall injuries in New York are awarded hundreds of thousands and even millions of dollars in compensation.
If we determine that your are entitled to compensation for your injuries, our attorneys will prove one of the following:
- The property owner was aware of unsafe conditions that led to the slip and fall incident
- The property owner either created the unsafe condition, knew about it, and was negligent in failing to address it
- The property owner should have known about the hazardous condition because it had been there for a long period of time, or was recurring
Even if the owner alleges no knowledge of any hazardous conditions on their property, there is also the question of whether given the amount of time it existed, they should have been aware of this danger and remedied the problem in a timely manner.
Slip and fall claims are sometimes handled outside of court if the defendant admits liability and their insurance company is willing to compensate the victim fairly. The Sanders Law Firm is well-versed in insurance strategies, which often include low-ball settlements, or allegations that the plaintiff was responsible for their injuries. A New York slip and fall attorney from The Sanders Law Firm can ensure that negligent property owners are held accountable and that victims are compensated fully for their injuries.
The statute of limitations in New York for a slip and fall lawsuit is three years from the date of the incident. However, you should get in touch with a NYC personal injury lawyer as soon as possible to preserve evidence and build a strong case.
Slip and Fall Injury Compensation
An insurance settlement or successful premises liability claim should provide compensation to cover all economic and non-financial losses, such as:
- Past, present, and future medical expenses
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
At The Sanders Law Firm, Success Is A Tradition
Founded in 1967, The Sanders Law Firm has flourished into one of New York’s most successful personal injury practices, with an accomplished team of attorneys, paralegals, health care consultants, and support staff. Our trial attorneys take new cases on a contingency basis, which means there is no cost to the client unless we secure monetary damages on your behalf.
Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
At The Sanders Firm, there is never any charge to evaluate your case. We have helped thousands of injured clients throughout New York City, Long Island, Brooklyn, Bronx, Queens, and Staten Island, and we’re prepared to help you too. In just the last five years we have procured over $100 million dollars on behalf of our clients, thanks to our vast resources and experienced attorneys. Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
To set up your free, no-obligation case review with a New York personal injury lawyer, please call (516) 591-3208 or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week.
The Sanders Law Firm is a New York personal injury practice with offices in Long Island, Manhattan, Queens, and Brooklyn.