Slip and Fall Law

New York Slip and Fall Accident Laws

Slip and fall accidents in New York are surprisingly common. You might injure yourself in a neighbor’s garden in Long Island, slip on a newly-waxed floor in an Albany grocery store, or slide on a dirty subway platform in Manhattan. When these accidents occur, slip and fall rules identify whether the owner of the property where the accident happened is liable to pay compensation to the victim.

How do you prove a property owner is liable after a slip and fall accident?

To show that a person is liable for a slip and fall accident that happens on their property, a victim must show:

  • That there was a dangerous hazard that cause the injuries they suffered;
  • That the property owner had a duty of care to prevent or minimize the hazard; and
  • The property owner was negligent in this duty.

Slip and fall accidents, whether they happen in private homes or a business, will often involve the insurance company of the property owner.

What could a New York slip and fall damages claim cover?

A claim for compensation after a slip and fall accident in New York can cover damages related to the injury it causes, such as:

  • Emergency treatment and medical care
  • Pain and Suffering
  • Lost wages during time off work

It is important to keep records of all treatment, medical bills and other expenses to support a slip and fall case. A victim should also try to record as much detail about the accident after it happens. Photographs and the contact details of any witnesses could be useful for proving a dangerous condition existed.

What happens if a victim is partly at fault for a slip and fall accident?

A slip and fall accident victim will sometimes have contributed to the accident happening. For example, they might have ignored visible safety notices or not being paying attention to their surroundings when the accident happened. New York law says that a claim for damages is still possible, but a victim’s overall compensation will be reduced by the same proportion as their contribution to the incident.

What is the time limit for filing a slip and fall claim in New York?

New York’s statute of limitations for slip and fall accidents (Civil Practice Laws & Rules, Section 214) says that a case must be filed with three years of the accident happening. A slip and fall victim will often wait for a reasonable length of time within this deadline to be sure they know the full extent of their injuries and expenses.

What is a slip and fall settlement?

Claims for compensation after a slip and fall accident in New York will often not go to court. Instead, the victim and the defendant, often alongside their attorneys and their insurance companies, will negotiate to reach a settlement. While a defendant’s insurance company will want to settle for as low as possible, a victim will aim to cover all of their damages, while avoiding the cost and time of taking the case to court.

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