Thousands of New Yorkers are injured every year by falling as a result of a trip or a slip. If the cause of the fall is a defect in the floor, stairs, or sidewalk, the owner or operator of a premises is responsible to maintain it in a reasonably safe condition. When a failure to maintain a reasonably safe condition causes the injury, then the injured victim has the right to bring a lawsuit to recover money damages to compensate them for their injuries.
If you were seriously injured on another person’s property because the owner failed to adequately maintain their premises, you may be entitled to monetary compensation. The amount of compensation you are entitled to is based on the seriousness of your injury and the extent to which it has had a negative effect on your life.
There are many different types of premises liability cases, here are a few examples: insufficient lighting that prevents a person from reasonably being able to navigate a public area safely, a cracked sidewalk outside of a store, a defective stairwell, a hole in a walkway due to construction, a slippery floor in a department store that should have been mopped up, an inadequately maintained sidewalk in front of a large apartment building that demonstrates a blatant disregard for the safety of pedestrians, a construction area that fails to properly ensure the safety of people in the area, a failure to properly train employees, and a failure to properly post warning signs. If a court determines that a owner or operator of a premise failed in their responsibility towards the plaintiff, the plaintiff may be awarded monetary compensation for his or her injuries. Common examples of defendants in slip and fall cases include business owners, landlords, private property owners, and governmental entities such as the city and state.
The nature of the condition that lead to the injury has legal significance in determining liability in slip and fall cases. In general, a defendant will be considered to have knowledge of a dangerous condition if it is permanent in nature, because they either knew, or should have known, about the condition before the accident happened. When the condition is temporary, the amount of time that the condition exists before the accident actually occurred can be dispositive. If the condition was created just before the accident, the defendant may not be held liable for injury. This is because the owner could not have known about the hazardous condition and would not have been able to do anything to prevent the injury from occurring. However, when the dangerous condition was present for some time before the accident, or occurred in an area where there is a pattern and the condition reoccurs, the owner may be liable even if they did not know about the particular condition that lead to the accident.
If you are injured on a sidewalk or street owned or maintained by a municipality, there are special rules that will apply. Cities, towns, and villages have prior written notice laws for these cases, which require that the dangerous condition be reported in writing before any liability exists. Additionally, when making a claim against a municipality it is usually required to give written notice of the accident within a very short period of time (typically 90 days).
Due to very specific requirements in the law, it is very important to speak with an attorney as soon as possible after your accident. At the Law Offices of David Pankin, we will conduct an investigation, find witnesses and put together the strongest possible case for you in order to provide you with the maximum compensation possible. Remember, when you hire the Law Offices of David I. Pankin, P.C., if there is no recovery, there is no cost to you. Business owners, landlords, property owners, and governmental entities all have attorneys working for them, isn’t it time you have an attorney working for you?
If you have suffered a serious injury due to any improperly maintained premises, it is essential that you speak with an attorney as soon as possible. Under the law, a person only has a limited amount of time following the date of the injury in which to file a lawsuit. Please contact The Law Offices of David I. Pankin, P.C. at (888) 529-9600 for a FREE consultation today or fill out our easy online contact form.