Slip and Fall Injury
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New York Slip and Fall Injury
If you were injured in a New York City slip-and-fall accident on someone else's property, you may be entitled to compensation for your injuries. Slip-and-fall accidents are among the most common kind of personal injury lawsuits.
Just as it sounds, a slip-and-fall accident occurs when you trip over or slip on something on the floor, then fall down and injure yourself. A slip-and-fall accident may also be known as a:
- Trip-and-fall accident, when you trip over a foreign object
- Step-and-fall accident, when you encounter an unexpected failure or hole while walking
- Stump-and-fall accident, when you trip over an impediment while walking
Slip-, trip-, stump-, and step-and-fall accidents can occur from problems such as water, ice, grease, or food on a walking surface. They can also occur from a poorly maintained walking surface, including broken floorboards or crumbling steps, and in poorly lit areas.
When there is a potentially dangerous walking surface, the New York City property owner (or tenant) and the person who is walking on the surface bear some responsibility for preventing the slip-and-fall and avoiding injuries. The New York City property owner must keep the property safe. Anyone who encounters a slippery or otherwise dangerous walking surface in New York City must also exercise reasonable care to avoid hurting themselves.
In a slip and fall lawsuit, each party has some degree of responsibility. The injured party has to show that he or she exercised reasonable care when walking on the dangerous surface, and the property owner has to show that he or she took reasonable care to keep the property safe.
Compensation for a New York City Slip-and-Fall Injury
If you are injured in a slip-and-fall accident in New York City, you may be entitled to compensation for:
- All past, present, and future medical bills for treatment related to your injuries
- The repair or replacement of any property (such as eyeglasses) damaged or destroyed when you fell
- Lost wages for time off from work (including time spent going to medical appointments for treatment related to your slip-and-fall injury))
- The cost of hiring someone to do household chores that you're unable to do because of your injury
- Permanent disability and disfigurement stemming from the New York City slip-and-fall accident
- Emotional distress stemming from the accident
- Any future earning ability lost due to your injury
- Any other costs you've incurred because of the accident
New York courts will look at the comparative liability of each party (in other words, how much responsibility the injured party bears and how much responsibility the property owner bears for the injury). This percentage of liability is then used to calculate how much the property owner must pay in damages or compensation to the injured party and how much of the cost the injured party will have to bear.
Slip-and-Fall Injuries at Work in New York City
If you are involved in a slip-and-fall injury at work, you normally cannot sue your employer under New York state personal injury laws. Work-related injuries instead would be covered under New York state workers' compensation laws.
How Long Do You Have to File a New York Slip-and-Fall Claim?
New York state law gives you three years from the date of your New York City slip-and-fall injury to file a claim against the party at fault. (This time limit is known as the statute of limitations.) If you and your New York City personal injury lawyer are unable to negotiate a settlement with the property's owner or tenant (or with their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.
For New York City slip-and-fall injury claims worth more than $25,000, you would file your lawsuit in the appropriate Supreme Court. Claims involving slip-and-fall accident injuries in New York City and elsewhere in New York County would be heard in the Civil Branch of the Supreme Court of the State of New York, New York County.
If your New York City slip-and-fall accident claim is for less than $25,000, you would file your personal injury lawsuit in the New York civil court that has jurisdiction. For slip-and-fall claims in New York, Roosevelt Island, Randall's Island, Ward's Island, and elsewhere in New York County, the New York City Civil Court would have jurisdiction.
Your New York City slip-and-fall lawyer can tell you which specific court is the appropriate court to resolve your dispute.
Additional New York Slip-and-Fall Resources
New York Unified Court System for more information about New York courts
Lawyers.com's Personal Injury in New York
Lawyers.com's Slip and Fall FAQs