I fell while walking on the sidewalk, can I sue?
Slip and falls are some of the most common accidents to occur across America. According to the Centers for Disease Control and Prevention, falls send more than eight million people to the emergency room each year. Those most at risk of falling include the very young and the elderly. Slip and fall injuries range in severity, with fractures representing the most common serious consequence of a slip and fall. Our NYC slip and fall accident attorneys explore the causes of slip and falls and who is liable for injuries stemming from these accidents.
Causes of Slip and Falls
Slip and fall accidents can happen nearly anywhere. Accident victims often fall in the workplace, at home, at a friend’s house, while out shopping, or when walking down the street. While slip and falls can be the result of pure accident, other times a slip and fall stems from a dangerous condition existing on the property. Some of the most common hazards that can cause slip and falls include:
- Uneven surfaces
- Potholes in parking lots or on sidewalks
- Spilled liquids
- Slick floors
- Misplaced items in stores
- Missing handrails
- Poor lighting
Liability for Slip and Falls
Per New York law, property owners have a legal duty to ensure their property is reasonably safe for visitors. A property owner who does not correct a known defect or warn visitors as to a known defect could be deemed negligent. It is not just owners that can be deemed negligent. Tenants or others responsible for the maintenance of a property can be liable when injuries occur.
Examples of situations that could give rise to a premises liability lawsuit include a shopper slipping on a spilled liquid in the grocery store or a pedestrian tripping and falling on an uneven surface in a parking lot. In either of these circumstances, should evidence support a finding that the owner knew or should have known of the dangerous condition that lead to the fall, liability may exist.
Filing a Slip and Fall Claim
Slip and fall accident victims will generally have three years from the date of the injury to file a lawsuit, with some exceptions. If the property owner is the State of New York or a municipality, the statute of limitations will be shorter. Potential damages in a slip and fall case include medical bills, lost wages, pain and suffering, and more. Contact our NYC premises liability lawyer Michael LoGiudice, LLP for assistance with your potential slip and fall claim.