Who Is Liable in a Slip-and-Fall Accident in New York?

Though they might seem innocuous and minor, slip-and-fall accidents can leave victims with serious injuries and mounting medical bills. If you've been injured in such an accident, you might be wondering who can be held responsible for your losses.

The professional New York slip-and-fall lawyers from the Jacob D. Fuchsberg Law Firm are here to help you understand liability in these cases and fight for the compensation you deserve.

What Are Slip-and-Fall Accidents?

Slip-and-fall accidents are a type of premises liability incident that occurs when a person slips, trips, or falls due to a dangerous condition on someone else's property.

Common contributing factors include:

• Wet floors in grocery stores
• Uneven pavement
• Icy sidewalks
• Obstacles in walkways

While some falls result in mere minor bruising, others can cause severe injuries like broken bones, head trauma, or spinal cord damage.

Who Can Be Held Liable in a Slip-and-Fall Case?

Determining liability in a slip-and-fall case isn't always straightforward. Depending on the circumstances, several parties may be responsible, including:

Property Owners

Property owners have a legal duty to maintain safe premises for visitors. This includes regularly inspecting the property, promptly addressing hazards, and warning visitors of potential dangers. If a property owner fails to meet these obligations, they may be held liable for resulting injuries.

Property Managers

In some cases, property managers may also be responsible for maintaining safe conditions. If their neglect of these duties leads to a dangerous condition and subsequent injury, they could be held liable.

Tenants

Tenants are also responsible for certain areas within their control. For instance, if a tenant creates a hazard in their rented space that leads to a visitor's injury, they could be held liable.

General Contractors / Subcontractors / Equipment Manufacturers

There may be multiple parties liable for a construction site accident, including general contractors, subcontractors, and equipment manufacturers. These cases often require thorough investigation to determine all potentially responsible parties.

Government Entities

When slip-and-fall incidents occur on city sidewalks or in government buildings, the relevant government agency may be liable. However, cases against government entities often involve special procedures and shorter timeframes for filing claims.

Business Owners

Owners and operators of stores, restaurants, and other businesses must regularly inspect their premises and promptly address any hazardous conditions to ensure customer safety.

Proving Liability in a Slip-and-Fall Case

In order to hold someone liable for your slip-and-fall injuries, you generally need to prove the following elements:

• The defendant owned, occupied, or controlled the property where the fall occurred.
• The defendant was negligent in maintaining the property or failed to warn of a known danger.
• The defendant’s negligence directly caused your fall and resulting injuries.
• You suffered actual losses as a result of the fall.

Proving these elements often requires gathering evidence such as photographs of the hazardous condition, surveillance footage of the incident, witness statements, maintenance records, and incident reports.

Factors Affecting Liability in New York Slip-and-Fall Cases

There are several factors that can influence liability in New York slip-and-fall cases:

Notice of the Hazard

Property owners may be held liable if they knew or should have known about the dangerous condition and failed to address it. This includes whether the owner was directly informed of the hazard or whether the hazard existed long enough that the owner should have discovered it through reasonable inspection.

Comparative Negligence

New York’s comparative negligence rule dictates that even if you were partially at fault for your fall, you can still pursue compensation for your losses, but your compensation would be reduced proportionately to your share of the blame. For example, if you were texting while walking and missed an obvious hazard, your award might be reduced.

Open and Obvious Hazards

If a dangerous condition was open and obvious, the property owner might argue that you should have been aware of and avoided it. However, this doesn't always absolve them of liability, especially if the hazard was unavoidable.

The Fluctuating Liability of a Property Owner in Slip-and-Fall Accidents

Property owners typically have a legal obligation to maintain safe conditions for visitors. However, the extent of a property owner’s liability further depends on the status of the visitor. New York law recognizes three categories of visitors in premises liability cases:

• Invitees: Individuals on the property for mutual benefit, such as customers in a store.
• Licensees: People permitted on the property for their own purposes, like social guests.
• Trespassers: Those who enter without permission.

While property owners must ensure safe premises in the interest of preventing injury, trespassers are generally not afforded this same duty, with one notable exception: children. If a child trespasses and is injured, the property owner may still bear partial responsibility under certain circumstances.

Potential Damages in Slip-and-Fall Cases

If you and your attorney can prove that someone else was liable for your slip-and-fall, you may be entitled to various types of compensation, including:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage

A knowledgeable lawyer can help you calculate the full extent of your damages and fight for maximum compensation.

Case Study: $500,000 Recovery for a Hotel Fall Injury

We represented a woman who suffered a severe head injury due to a fall on a boutique hotel staircase. Our team secured a $500,000 settlement for her, covering her brain surgery and ongoing medical costs.

How a Personal Injury Lawyer Can Help

Navigating a slip-and-fall case can be challenging, especially when dealing with injuries and recovery. That’s where a personal injury lawyer comes in.

They can:

• Investigate the accident and gather evidence
• Identify all potentially liable parties
• Handle communications with insurance companies
• Negotiate for a fair settlement
• Represent you in court if necessary
• Ensure compliance with all legal deadlines and procedures

Our team works with these cases on a regular basis and knows how to build a strong case for maximum compensation.