New York Slip and Fall Laws: An Overview
Slip and fall laws vary by state. The most important thing to know about New York slip and fall laws is that anyone injured in a slip and fall accident that occurred on someone else’s property must file a lawsuit within three (3) years. This applies to both body harm and property damage that occurred because of the fall.
In New York, you have just three (3) years from the date of the accident to file your lawsuit. Talk to a New York slip and fall lawyer today to get the compensation you deserve: (914) 771 7711.
Comparative Negligence in New York Slip and Fall Cases
Your slip and fall case necessarily has a defendant, or a party you believe is responsible for your injuries. An experienced slip and fall accident attorney will anticipate the defendant’s argument that you are responsible—or at least bear some responsibility—for the accident. They may say that you should have been more cautious, that your footwear was to blame, or that you shouldn’t have been there in the first place.
New York operates from a legal structure called comparative negligence, which means that your damages will be reduced by the percentage you are found at fault. If you are found 30% at fault and the damage award is $100,000, you will be awarded $70,000 (30% of 100,000).
IMPORTANT NOTE: having partial responsibility for your accident does not mean that you don’t have a case!
You don’t have to prove that the defendant was entirely at fault to receive damages.
If you have fallen and need a lawyer, be sure to find a slip and fall attorney who is experienced working with comparative negligence laws in New York. Call Martin+Colin P.C. to learn more about your options: (914) 771 7711.
How do I prove negligence in my slip and fall case?
Like any civil case, you will be required to show that your injuries were caused by the fall, and that the fall resulted from the defendant’s negligence. Your New York slip and fall lawyer will work to prove that
- The defendant owed you a “duty of care”: a legal duty to look out for your wellbeing
- The defendant breached that their duty of care, either through negligence or malice;
- Injury/ies occurred as a result of a preventable accident; and that
- You suffered damages as a direct result of the defendants’ actions.
Importantly: you do not need to remember these details! The New York slip and fall accident lawyers at Martin+Colin P.C. are here to get the information they need to help resolve your case. From intake to settlement or trial verdict, we will stand with you every step of the way.
Statute of Limitations in New York Slip and Fall Cases
Statute of limitations laws, which vary by state, determine how long you have to file a case against a defendant. Three years might seem like lots of time, but it’s important not to wait to file your claim. The longer you wait, the harder it will be to prove that the accident caused your injury—and key evidence may be harder to find. If you fail to file a lawsuit before the statute of limitations, New York courts will likely dismiss your claim.
How long do I have to file my New York slip and fall case?
Per New York State Senate Legislation, you have three (3) years from the date of the accident to file a lawsuit against the defendants.
Attorney tip: File your New York slip and fall claim as soon after the accident as you can. Don’t wait! Filing soon means being able to show liability more easily—and it gives you more negotiating power if you have the option to go to court.
Recoverable Damages in New York Slip and Fall Cases
In legal terms, “damages” means any monetary compensation you may be entitled to. New York slip and fall plaintiffs may be able to recover compensation for:
- Out-of-pocket costs related to your injury or aftercare
- Fixing or replacing damaged property
- Past and future medical costs
- Lost wages and/or loss of future income
- Litigation costs (lawyers’ fees)
- Transportation costs
- Home caregiver/personal assistant costs
- Funeral and burial costs (in cases involving a wrongful death)
Depending on the severity of your slip and fall injury, you may also be entitled to “noneconomic costs”, or changes to your living situation as a result of your accident. While these do not have a receipt attached, a competent slip and fall lawyer may be able to make a successful case for your compensation for any of the below:
- Pain and suffering/mental anguish
- Mental health disorders presenting after the accident (anxiety, depression, PTSD, etc.)
- Diminished quality of life/enjoyment of life
- Loss of consortium (loss of close, intimate relationships)
- Reputational damage
- Shortened life expectancy
- Permanent disfigurement
- Increased risk of future harm
Importantly, every slip and fall case is a little different, so it is important to find an experienced slip and fall attorney who has dealt with a variety of circumstances, and who can make a strong case on your behalf. The skill level of your attorney can make a tremendous difference in the settlement you receive.
Frequently Asked Questions
Do you have a question about a premise liability claim in White Plains, NY? Read the slip and fall accident FAQs below.
What causes slip and fall accidents?
Common causes of slip and fall accidents include:
- Slippery floors
- Unmarked flooring levels
- Poor or insufficient lighting
- Uneven or poorly marked walkways
- Floor clutter
- Unrepaired and/or uneven flooring
- Uneven or uncoded stair placement
- Insufficient stair railings
- Tripping hazards (electrical wiring, boxes, paper clutter, etc.)
Where do slip and fall accidents happen?
Slip and fall accidents can happen in stores and parking lots; on sidewalks and steps; getting on and off escalators and elevators; at home or at work. Hotels, public parks, gyms, movie theaters, airports: slip and fall accidents can happen practically anywhere.
What are the most common slip and fall injuries?
While some slip and fall injuries can be mild, others can mean broken bones, head injuries or worse. Injuries from painful slips—on ice, on stairs, on uneven walkways—cause over one million hospital visits each year. Commonly treated slip and fall injuries include:
- Foot and ankle sprains and fractures
- Knee dislocation
- Hip dislocation
- Wrist fractures
- Neck and back injuries, including whiplash
- Broken bones, including arms and legs
- Spinal cord injuries (including paraplegia and quadriplegia)
- Neurological issues
- Traumatic brain injuries
- Electrocution burns
- PTSD
- Death
NOTE: This list is not meant to be exhaustive; numerous other medical conditions may develop, depending on the severity of the fall.
How do I know if I have a slip and fall case?
Your slip and fall case depends on where your accident occurred, and under what circumstances. If your accident occurred on someone else’s property and could have been avoided through a responsible party’s attention, you may have a viable slip and fall claim. There are many other variables to consider, so it is always important to talk to an experienced slip and fall lawyer about your case.
