Slip and Fall Accidents
Were you injured after slipping, tripping, or falling on someone else’s property? In New York State, landowners are required by law to keep their property reasonably safe. This can include sidewalks, parking lots, driveways, floors, and interior and exterior stairs. However, in order to find a landowner or building owner legally responsible for a defective condition that causes you to fall, they must have either created the defective condition or known about the condition before you fell.
You should also know that the time requirement for filing a slip and fall, or trip and fall lawsuit varies depending on who it is you need to sue (a person, a business, a city or town, etc.)—so don’t wait.
If you’ve been injured after slipping, tripping, or falling on someone else’s property, talk with the experienced attorneys at Segar & Sciortino. The initial meeting is free, so call or text us today.
To learn more about one of the challenges of suing a municipality in slip and fall cases and more, read the Segar & Sciortino blog.
Common Slip/Trip and Fall Lawsuit Questions
The proof is in the nature of the unsafe condition itself, such as broken stairs, potholes, or crumbling concrete. It could also include:
- A condition that was “created,” such as road construction that leaves a hole uncovered and without proper warning signs
- A condition that might violate some code or regulation, like uneven, non-compliant stairs where one step is higher (or lower) than others or are unaccompanied by a handrail
- A recurrent condition that is unsafe, such as gutters or other drainage (e.g., downspouts) that empties precipitation onto a walkway and consistently leads to the formation of ice
With slip and fall-related personal injury cases, the nature and seriousness of the injuries, whether the case can be settled before trial, the complexities of the case, and many other factors all play a role in determining how long it will take to resolve your case. In every case, it’s our goal to respond to your needs and to initiate prompt legal action so your case can be resolved as fairly and quickly as possible.
Some of the items of damage you may receive include:
- Past and future pain and suffering and loss of enjoyment of life due to your injuries
- Past and future lost wages and other financial benefits lost due to your disability from work
- Past and future medical bills relating to the injuries you suffered
- If you’re married, your spouse has a claim for the loss caused to your marriage including loss of love, companionship, and spousal services
- In cases of death, financial losses caused to the decedent’s spouse, children, and other dependents
In New York State, an injured adult generally has three (3) years to start a lawsuit against the negligent person or entity, beginning from the time the slip and fall occurred.
A personal injury claim against New York State must be filed within two (2) years, although you have only one (1) year and ninety (90) days to file against a city, county, or other municipality. Against a school district you have only one (1) year. It’s important to recognize that you must also file a written Notice of Claim within ninety (90) days of your accident for any claim against a municipality, including New York State, school districts and most public authorities. This has to be done before you can start a lawsuit. A personal injury action against someone for intentionally causing injury must be filed within one (1) year from the injury.
Keep in mind that the time requirement for filing a slip and fall lawsuit varies depending on who it is you need to sue. Please don’t wait. Call us to find out how long you have and how we can help.
If the responsible insurance company does not make a fair offer to settle your case, it is important that your case be brought into court and if necessary, tried before a jury. Although most slip and fall cases settle for fair value before going to trial, it is important to always be prepared.