Understanding Premises Liability in NYC Slip and Fall Cases

As a rule of thumb, when you legally enter premises that belong to another party, that party is responsible for your safety while you are there. While it isn’t possible to protect you from every conceivable danger, the owner or manager of the premises is required to protect you from preventable injuries. How this concept is defined will depend on the reason for your visit to the premises and the potential dangers that are present. Experienced lawyers, like those at Tucker Lawyers, understand the elements of a premises liability case in NYC and can help determine whether you are eligible for compensation after suffering an injury.

Elements of a Premises Liability Case in NYC

Premises liability cases are a type of personal injury case. All personal injury cases must meet four elements in order to prove negligence. If your premises liability case meets all four of these elements, you are eligible to get compensation from the responsible party.

The Defendant Was Responsible for Your Safety

The first thing your lawyer needs to prove is that the defendant was duty-bound to protect your safety. This process is relatively easy for most slip and fall claims. If, for example, the defendant owned a store where you were shopping, the defendant is required to make the store safe for all customers.

The Defendant Ignored That Responsibility

This element is usually the core of any premises liability case. Your lawyer must show that the defendant didn’t take appropriate measures to prevent an accident. Typically, this means the defendant was aware of a danger and took no corrective action. However, a defendant is also responsible if they don’t make a reasonable effort to identify any risks. Finally, a defendant can avoid this element if they warn others of a danger they cannot correct.

A defendant is responsible for a premises liability claim if they failed to identify and correct all dangers to people at their premises.

The Defendant’s Failure Resulted in Your Injury

Suppose that a defendant knew that a stairway railing was broken and did nothing to fix it. If you slipped somewhere else in the building due to your own mistake, the failure to repair the railing does not prove negligence for your fall unrelated to that condition. However, if you fell on the stairway because of the broken handrail, this element would be met.

The Injury You Suffered Has Meaningful Value

If you slipped on a damaged rug in a store and received only a modest bruise on your arm which did not require any medical attention or interfere with your ability to work, you likely would not be eligible for compensation.

Were you injured in a slip and fall accident in NYC? Contact the premises liability attorneys at Tucker Lawyers at (516) 399-2364 to schedule a free consultation.

Common Causes of Slip and Fall Accidents in NYC

Slip and fall accidents can occur almost anywhere in the city. Some common causes of slip and fall accidents in NYC are:

  • Loose debris at a construction site
  • Ice or rain in the entryway of a public establishment
  • Spilled food or drink at a restaurant
  • Poorly maintained rugs or flooring
  • Burned-out lights in stairwells
  • Malfunctioning escalators or moving walkways.

If you fall and are injured while you are outside your home, you may be eligible for compensation for that injury.

Steps to Take After a Slip and Fall Accident

You should get medical attention as soon as possible after a slip and fall accident. If you don’t need it, then consider yourself lucky. However, if you do need it and don’t get care, your injuries could worsen. That decision could also affect your ability to get compensation from an insurance company. Typically, if you delay getting medical attention, insurance companies can use that choice as an excuse to lower your compensation or even to deny it outright.

Once you have received medical attention, you should consult with Tucker Lawyers promptly. New York places a three-year statute of limitations on slip and fall cases, meaning that you only have three years to file a lawsuit. While that could seem like a long time, we have to investigate your case, get you medical attention, and then negotiate with the insurance company. These steps each take time. Three years can pass by more quickly than you expect.

Seeking Compensation for Slip and Fall Injuries

In most slip and fall cases, getting compensation involves contacting an insurance company and negotiating a fair settlement. Our experienced attorneys have handled countless premises liability claims. We understand the insurance claim process and can guide you through it smoothly. Usually, we’ll collect evidence, present it to the insurance company, and begin negotiations as soon as possible. In most cases, the insurance company will agree to a fair offer and you will get compensation for your lost wages, medical bills, and other expenses.

The Role of a Personal Injury Lawyer in NYC Slip and Fall Cases

If you are represented by a personal injury attorney, you will typically get more compensation from insurance companies than if you attempt the process alone. We prevent you from making common mistakes that insurance companies take advantage of to lower your compensation. Additionally, we have more leverage to negotiate than you do. Once you hire a lawyer, the insurance company knows that you are willing to file a lawsuit if necessary. Since lawsuits are very expensive for insurance companies, they will usually negotiate in good faith to avoid them. Finally, our experienced legal team is very good at accurately estimating the value of cases. We can identify when an offer from the insurance company is fair and when you should refuse it.

Consult With an Experienced Premises Liability Lawyer in NYC Today

If you were seriously injured in a slip and fall accident due to another party’s negligence, Tucker Lawyers can help you pursue your legal options.

Hurt due to the negligence of another party? Don’t wait. Contact our law firm at (516) 399-2364 immediately and schedule an appointment with a lawyer who cares.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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