Nobody expects that they will leave home to run an errand or go to work and experience a catastrophic slip and fall accident. Unfortunately, slip and fall accidents in Orange County New York, are far too common. They can happen to anyone anywhere. The property owner or manager’s negligence causes most Orange County slip-and-fall accidents.
You may be entitled to compensation if you or your loved one have been seriously injured in a slip and fall accident in Orange County. Victims can pursue a premises liability lawsuit against the negligent property owner. In addition to recovering compensation for your medical expenses, you can also pursue damages for lost income, painted suffering, and other expenses. Don’t hesitate to contact attorney Michael LoGiudice to learn more about how he can fight for your right to compensation in a free case evaluation.
Pursuing a Claim for Compensation in Orange County
Slip and fall accidents can happen nearly anywhere, including on public property, business establishments, and private homes. Under New York law, all property owners are legally obligated to maintain their property to prevent injuries to others properly. Property owners must fix dangerous conditions in a timely manner or warn customers and visitors of the dangerous conditions. For example, property owners have a legal duty to fix the following unsafe conditions that could cause slip-and-fall accidents:
- Repairing broken sidewalks and potholes
- Ensuring handrails that are properly connected
- Repairing poor lighting
- Ensuring spills are cleaned quickly
- Using rugs during snow or rain to stop water from being tracked into the building
- Removing trip hazards
- Fixing damaged or unraveled carpets
- Ensuring staircases are well-lit and safe
- Salting icy pavement
When slip and fall victims can prove liability, they can recover compensation through an insurance claim or a personal injury lawsuit. Many businesses carry commercial liability insurance that covers accidents on their property. Additionally, victims can pursue a premises liability lawsuit and civil court for compensation
What to Do After a Slip and Fall Accident
The steps you take after being injured in a slip and fall accident can help or hurt your claim for compensation. The first thing you should do is seek medical attention. Even if you don’t think your injuries are severe, it’s important that you undergo a medical examination. Make sure you communicate all of these symptoms and pain you’re experiencing. You should also report the accident to the property owner or manager as soon as possible.
If you can do so safely, take photos of the accident scene including the place you fall, any conditions that caused the fall, and any hazards that could have contributed to your injuries. Ensure you keep thorough records of your medical bills, procedures, lost wages, and other expenses you’ve incurred because of your injuries. Finally, you should discuss your case with an attorney as soon as possible so you don’t miss your opportunity to pursue the compensation you need and deserve.
Who Is Liable for Orange County Slip and Fall Accidents?
If you were your loved one was injured in a slip and fall accident, you will need to prove negligence to recover compensation through a lawsuit. Under New York law property owners are legally responsible for keeping their properties reasonably safe for their guests, customers, and other people they invite on their property.
When a property owner reaches their duty of care, and a victim becomes injured, the property owner can be held liable for the victim’s damages. Specifically, victims must prove the following elements to prove negligence occurred.
- A dangerous condition existed on the property
- The responsible party knew or should have known about the dangerous condition
- The property owner’s failure to fix the dangerous condition or warn you caused you to slip and fall
- You suffered damages because of the slip and fall accident
When a slip and fall accident happens on private property, such as in a shopping center, at a store, or a business location, victims may be able to hold the property owner, the tenant in possession, or the property maintenance company liable. If the slip and fall accident happened on public property, the victim could pursue a claim against the responsible municipality. The time limits for pursuing a claim against municipalities are usually very strict, so it’s important that you speak to an attorney as soon as possible.
Compensation Available in Slip and Fall Accident Lawsuits
When a plaintiff and a personal injury lawsuit successfully prove that the property owner or manager was negligent and caused their injuries, they can recover damages. There are two main categories of damages available in premises liability lawsuits: economic and non-economic.
Economic damages cover easily quantifiable expenses, such as past and future medical expenses and rehabilitation costs. Economic damages also cover lost income and loss of future earning capacity when the victim’s injuries render him or her disabled and unable to work. Victims can also pursue compensation for their non-economic damages, such as emotional trauma, diminished quality of life, disfigurement, pain, and suffering they’ve endured because of their injuries.
What Is the Statute of Limitations for Slip and Fall Cases?
Victims only have a limited time to pursue compensation through a slip and fall accident lawsuit. New York and other states place a txime limit, called a statute of limitations, on personal injury lawsuits. In most personal injury lawsuits, victims have three years from the accident date to file a lawsuit.
In wrongful death cases, surviving family members have two years from their loved one’s death to pursue a claim for compensation. If you do not file your claim within this time frame, you will lose your opportunity to recover compensation. Discussing your case with an attorney as soon as possible can help protect your legal compensation claim.
Discuss Your Case with a Skilled Premises Liability Attorney
Many slip-and-fall accidents are caused by dangerous conditions on someone else’s property. If you’ve suffered a serious injury due to a slip and fall accident that wasn’t your fault, it’s essential that you discuss your case with an attorney. You only have a limited amount of time to file a claim for compensation. Attorney Michael LoGiudice represents clients in Orange County. Contact Michael LoGiudice, LLP to schedule a free case evaluation and learn more about your legal options.
The law office of Michael LoGiudice routinely represents trip, slip, and fall victims in the greater New York area including Westchester County, Putnam County, Dutchess County, Rockland County, Orange County, and Brewster.