East Village Slip and Fall Lawyer
While slipping and falling are often comically portrayed, in reality, they can cause devastating injuries that impact victims long into the future. If you tripped and fell while out in the East Village, our team can determine who to hold liable for the incident.
Some business and property owners do not take the safety of their premises seriously, causing unsuspecting victims to fall. Many do not inspect their locations, so they fail to clean spills, move clutter, or address other dangerous conditions. At the very least, property owners have a duty to warn people they reasonably expect to be there of known dangers. If the property owner did clean a spill but did not put up a warning sign, they should be held liable for their negligence. We will also be prepared to argue against the defendant’s claims that you caused your fall.
For a free case evaluation with our slip and fall attorneys, contact The Carrion Law Firm today at (718) 841-0083.
Typical Ways Slip and Fall Accidents Happen in the East Village, Manhattan
Slip and fall accidents can occur in numerous different ways, depending on where they happen and who is responsible for the area or condition that caused the fall. When our personal injury lawyers review your case, one of the first steps we will take is to determine the hazard that caused your injuries. How slip and fall accidents happen can tell us how long the condition was around before you fell, what methods might have avoided the accident, and whether the property owner or another party is liable.
For instance, wet floors are a major cause of slip and fall accidents throughout the East Villages’ countless stores and restaurants. Many business owners and property managers fail to inspect their premises regularly for puddles and spills that can harm their customers. Even after cleaning an area, a wet floor sign should be placed there until it dries. If you slip on a wet floor, take pictures of the liquid, if possible, since it might tell us how long it was left around before your accident.
Another common cause of slip and fall accidents in the East Village is dangerous stairways. You will go to very few locations in the East Village without encountering stairs, but if they are old, too steep, lack handrails, or are poorly lit, you might suffer catastrophic injuries. While property owners do not need to make repairs immediately, they can be held liable if an unreasonable amount of time passes without addressing the issue.
Construction sites, which are strewn across the East Village, are serious hotspots for slip and fall accidents. Workers and pedestrians alike can be injured if the parties responsible for the site do not adhere to safety protocols. For instance, failing to place warning signs around excavations or overhead protection for the sidewalks. If the property owner, general contractor, subcontractor, or architect contributed to your fall, we can help you prove their negligence.
How Long You Have to Claim Damages for an East Village, Manhattan Slip and Fall Accident
One looming question many slip and fall victims have is how long they have to file a lawsuit. After all, you need time to treat your injuries and contact an attorney. Thus, C.V.P. § 214(5) allows victims to file a lawsuit up to three years from the date they are injured. While three years sounds like a long time, it can fly by as you contend with your injuries and treatment plan, which is why our attorneys will file as soon as we have enough evidence to make a valid claim. Once your case is filed, we need not worry about the “statute of limitations,” focusing instead on proving the claim.
If you try to file a lawsuit after the statute of limitations runs, the court will dismiss it, leaving you to manage your expenses on your own. Fortunately, an exception to the general rule might save a case that has passed the deadline. For instance, the East Village is no stranger to “slumlords” who sometimes give false identities and addresses so that they cannot be served legal papers. Other property owners do not even reside in the state and refuse to submit to NY’s courts. If the defendant is out of the state for four months or longer or provides a false name, the time will not count against you, according to § 207.
Children injured in a slip will also not have the time run against them under § 208(a). Once the victim turns 18, though, they will have until they turn 21 to file a lawsuit.
How Comparative Negligence Defenses Can Impact Your Slip and Fall Case in the East Village, Manhattan
Every once in a while, there is a story about someone faking their slip and fall injuries, hoping to get a payday. However, the majority of these incidents are legitimate, but that does not stop defendants from accusing victims of contributing to their fall in some way. They often claim victims were distracted looking down at their phones and failed to avoid harm or some other pretense to escape liability. This is known as a “comparative negligence” defense.
Even if it is true that you were partially responsible for your fall, it will not excuse the defendant’s negligence. A “pure” version of the comparative negligence rule is used in New York that assigns a percentage of fault to each party and distributes compensation accordingly under § 1411. For instance, if the defendant was assigned 90% liability and you were allocated 10% of the fault and awarded $100,000 in compensation, you would actually recover $90,000. While the goal is to cover all your losses, you will still recover at least some damages under this rule unless you are found 100% at fault for the accident.
Speak to Our East Village Slip and Fall Lawyers Today for Help Getting Compensation for Your Injuries
Call The Carrion Law Firm at (718) 841-0083 for a free case review with our slip and fall lawyers.