People can get badly hurt from a nasty slip or fall. Injuries like broken bones, nerve damage, and brain injuries can all happen from slips and falls, and treating those injuries is not cheap. Many people who get hurt from slips and falls know they want to sue right away, but they may not know who to go after.
Liability for slipping or falling injuries is determined by figuring out who caused the accident. Often, a property owner is responsible for these kinds of accidents that happen on their premises, but other parties may also be liable for your injuries depending on the circumstances.
Get a free review of your claim from our New York slip and fall lawyers by calling The Carrion Law Firm at the number (718) 841-0083.
Premises Liability in New York Slip and Fall Cases
Many slip and fall lawsuits will be pursued under a premises liability framework. “Premises liability” is the area of law that deals with injuries that are the result of dangerous conditions on someone’s property. Essentially, property owners must keep their property safe for people who may enter it. The degree to which they must keep their property safe is going to vary from state to state. In New York, property owners, in general, must keep their premises safe and free of hazards. However, under G.O.B. Law § 9-103, premises do not need to be kept safe for “hunting, fishing, or organized gleaning.” Even still, property owners can be liable for injuries that happen on their property from those activities if the danger was brought about by willful or malicious conduct per § 9-103(2)(a).
In the case of a slip and fall injury, it is largely going to depend on the nature of the hazard that caused the fall, whether the property owner warned about the hazard, and other factors that determine whether a property owner is liable for your injuries. Thus, our Brooklyn, NY slip and fall lawyers will need to look at the specifics of your case to determine liability.
How Can Property Owners Be Liable for Slip and Fall Injuries in New York?
There are many different reasons why a property owner may be liable for a slip and fall injury. Of course, different properties are going to have different potential hazards, but some of the common ways that a defendant could be liable in a slip-and-fall case include:
Wet Floors
Someone slipping on a wet floor in a supermarket is probably the quintessential slip and fall accident. While a slip on a wet puddle of liquid may not seem like a big deal, people can get seriously hurt from those slippages. At a minimum, a property owner probably has to put out a “wet floor” sign or something similar if there is a wet spot that someone could slip and fall on. Even if they do that and take no other steps, they may still be liable if they do not clean up the spill in a timely fashion.
Dangerous Stairways
Stairways that are dangerous for one reason or another are common causes of slip and fall accidents. If a stairwell is poorly lit, overly steep, or the stairs are old and need to be replaced, someone could easily fall and hurt themselves. If a property owner was aware of this and did nothing to fix the problem or warn other people about it, they could be liable for your injuries.
Construction Work
Property owners must keep not only their buildings but also the surrounding area safe. For example, if a property owner is having work done on their building, they need to warn of the dangers of ongoing construction, like uncleared debris and other hazards. If someone then enters their property and gets hurt, they could be liable for their injuries.
Comparative Negligence in New York Slip and Fall Cases
New York law determines liability using something called “pure comparative negligence” when determining which parties are liable for a plaintiff’s injuries. “Comparative negligence” is the idea that a plaintiff can be partially responsible for their own injuries. Historically, this meant that many plaintiffs would be out of luck if they tried to recover damages. However, under C.V.P. Law § 1411, plaintiffs who are partially liable for their own injuries can still recover damages, but those damages will be reduced based on how much they are at fault. So, a plaintiff who is 20% at fault for slipping and falling down would recover 80% of what they otherwise would.
Many states that use comparative negligence bar plaintiffs from recovery if they are more than 50% liable for their injuries. New York’s “pure” comparative negligence rule, however, does not have that percentage threshold.
Examples of Comparative Negligence in New York Slip and Fall Cases
Comparative negligence is determined on a case-by-case basis. However, some circumstances may be more likely to have a finding of comparative negligence than others.
For example, suppose the plaintiff is looking at their phone and has headphones in while walking on a sidewalk. As they walk by a store, the sidewalk is in a state of disrepair and extremely trepidatious. Forgetting to pay attention, the plaintiff slips and falls, hurting themselves. In this case, while the property owner is probably still primarily responsible for the plaintiff’s injuries, the plaintiff probably contributed a little bit by not paying sufficient attention to their surroundings.
Again, a plaintiff’s responsibility for their own injuries will vary in each case, so it is best to have our lawyer figure it out for your particular claim.
Talk to Our New York Slip and Fall Injury Lawyers Today
The Carrion Law Firm’s Flatbush, NY slip and fall lawyers can review your claim for free when you call our office at the number (718) 841-0083.