Premises Liability (Trip and Fall or Slip and Fall)
Slip, trip, and fall accidents can occur anywhere, from business establishments to private residences. Our attorneys help accident victims seek legal damages for serious injuries.
Contact our White Plains, NY, personal injury lawyers serving Westchester County to request your free consultation.
Statute of Limitations New York Premises Liability Law
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According to New York State law, injured persons have three years from the date of incident to file a premises liability lawsuit against private, non-municipal/non-government entities. There is a shorter statute of limitations for municipal entities and requires a Notice of Claim or Notice of Intent within 90 days. It is important to contact us for a free consultation with our White Plains trip and fall lawyers before it's too late to seek legal damages in a slip, trip, or fall case.
About Premises Liability
Premises liability cases have become common in personal injury litigation because, though they may seem routine, slip/trip-and-fall injuries can be severe.
In premises liability cases involving slip/trip-and-fall accidents, property owners may be responsible for injuries sustained by people present on their properties. Of course, there are many factors to consider, but generally speaking, it is the property owner’s duty to warn visitors of unreasonably dangerous conditions and to maintain the property in such a way as to prevent hazardous situations.
$5 Million Premises Liability Settlement
Our White Plains lawyers obtained a multi-million dollar settlement in a client's trip and fall case.
Have You Been Injured in a Slip, Trip, and Fall Accident? Request a Free Consultation with Our White Plains Lawyers
If you have suffered injuries or a tragic loss as a result of a slip, trip, or fall, you need to speak with a lawyer about filing a personal injury lawsuit. The White Plains fall accident lawyers of Worby Vecchio Edelman, LLP can help you recover damages to address medical expenses, lost wages, and the lingering effects of a fall accident.
To request a free consultation with our slip, trip, and fall attorneys, contact our practice online. You can also reach our White Plains, NY, law office by phone.
Call Our Law Firm
(914) 686-3700
You have limited time to file a premises liability lawsuit in New York. It's important to reach out for a free consultation with our White Plains trip and fall lawyers as soon as possible so you don't miss your chance for compensation.
Comparative Negligence: How This Rule Can Affect Slip and Fall Cases
What Is Comparative Negligence?
New York is one of 13 states that follows a pure comparative negligence rule. In essence, comparative negligence means that it is possible for both parties to be partially at fault for an accident in New York. When a plaintiff plays a role in the accident, it is known as contributory negligence.
If an accident victim is partially at fault in a slip, trip, or fall accident, they will receive less legal compensation than if the negligent property owner was fully at fault for the incident.
Examples of Contributory Negligence
Some examples of contributory negligence include entering a restricted area of a property, not paying attention while on a property, failing to observe warning signs, and wearing inappropriate footwear or attire in a potentially hazardous area.
Proving Negligence in a Slip and Fall Case
A slip and fall attorney must establish certain elements to prove that a property owner was negligent. These are some of the basic aspects of legal liability in a personal injury lawsuit.
Duty of Care
The property owner has a duty to keep the premises reasonably safe in order to protect visitors to the property.
Breach of That Duty
The property owner failed to keep the premises reasonably safe, whether by failing to address known dangerous conditions or failing to recognize foreseeable hazards.
Injuries Caused by Breach
The breach of the property owner's duty resulted in some form of injury to someone who was at the premises.
Damages From the Incident
The property owner's negligent actions or inaction resulted in lost wages, medical expenses, or other losses for the injured party.
Evidence in a Slip and Fall Case What Your Slip and Fall Lawyer Will Review
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- Police or accident reports
- Security camera footage
- Witness accounts or recordings
- Documentation of the hazardous condition
- Medical records
- Medical bills
If you hire a reputable attorney with a track record of success on behalf of slip and fall victims, they can use the evidence to clearly illustrate the extent of your losses. This is the key to collecting a settlement or jury award.
Common Causes Of Slip, Trip, and Fall Accidents
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- Poor lighting
- Slippery floors
- Structural defects
- Uneven floors
- Cracked sidewalks
- Broken stairs
- Missing handrails or guardrails
- Delinquent repairs/maintenance
- Lack of warning signs
- Trash or errant debris
- Snow and ice
These Injuries Can Happen Anytime and Anywhere
Slip and falls can occur when a surface is left greasy or wet, resulting in serious injuries. The personal injury lawyers at our White Plains law office can analyze the details of your case to determine who is responsible for your injuries.
Common Locations Where Slip, Trip, and Fall Accidents Happen
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- Hotels
- Airports
- Residential or commercial buildings
- Restaurants and bars
- Shopping centers
- Grocery stores and supermarkets
- Parking lots and garages
- Sidewalks
- Public spaces
Answers to Frequently Asked Questions About Premises Liability
If you have suffered a fall accident and have questions, get in touch with our White Plains slip and fall lawyers as soon as possible. Until then, we have provided answers to some of the most common questions our clients ask:
What should I do after a slip and fall?
First, get medical attention whether you think you need it or not. That way, you'll have documentation of your injuries, which might seem minor at first but could be more serious than you think. Next, get in touch with an attorney. If the other party's insurance company contacts you at any point, do not speak to them. Instead, politely tell them to speak to your lawyer.
How much is my slip and fall case worth?
It all depends on the extent of the injuries you have suffered. The surest way to find out how much restitution you may be owed is to get medical attention, attend all follow-up visits, and involve an attorney as soon as you can.
Are slip and fall cases hard to win?
This largely depends on the facts surrounding your case, your lawyer's ability to build a compelling case, and your own patience. You shouldn't expect to collect a settlement overnight. But if you hire a reputable attorney with a track record of success on behalf of slip and fall victims, you can expect that the evidence will clearly illustrate the extent of your losses. This is the key to collecting a settlement or jury award.
Should I get a lawyer after a slip and fall?
You should at least consult a lawyer. You may think you have no case; you may be contacted by the responsible party's insurance provider with a settlement offer that is far below what you need to cope with your losses; you could easily be mistaken in either case. Hiring an attorney is your best bet against cheating yourself out of the compensation you need and deserve.
Do most slip and fall cases settle out of court?
Many do, but because every case is different, it's best to approach it knowing that the timeline could be long. If the responsible party's insurance company sees any room to argue that you are fully or partially at fault for your own injuries, you can trust they will exploit it. If they feel strongly enough that they could convince a jury of their position, it may go to court. Again, the best approach is to hire an attorney you can trust, and then try to maintain patience as they fight for compensation.
Does renter's insurance cover slip and fall accidents?
It depends on the policy. Many will cover slip and fall injuries if the renter's negligence is to blame for the injury. However, if the injury occurred due to the property owner's negligence, the renter's insurance is not a factor. By involving an attorney as soon as possible, they can determine who is at fault and whose insurance company should compensate you for your losses.
We prepare each case as if it will go to trial
and we won't settle for a cent less than you deserve.
