Slip and fall accidents can happen anywhere, anytime. But when they happen due to someone else's negligence, the law provides options for seeking compensation. This article will explain the ins and outs of slip and fall claims in New York and what you can do to if you were involved in one and need legal help.
What is a Slip and Fall Accident?
What exactly constitutes a slip and fall claim? Simply put, it is an incident where you slip, trip, or fall as a result of unsafe conditions on someone else's property and suffer injuries.
Common causes of slips and falls include wet floors, poor lighting, cluttered walkways, slippery surfaces, unmarked steps, and more. A few examples of this would be if you slip on the icy front stoop of your apartment building and break your wrist. Or you trip over merchandise sticking out into the aisle at a store and sprain your ankle.
To have a valid claim after a slip and fall accident, there are four important legal elements of a slip, trip, and fall that you must prove:
- Duty of Care: Did the property owner owe you a duty to maintain safe conditions?
- Breach of Duty: Did the owner fail in that responsibility through negligence?
- Causation: Were your injuries directly caused by the owner's negligence?
- Damages: Did you suffer physical, financial, or other compensable losses?
This wouldn't be something you have to do, but an experienced slip and fall attorney would ensure you met these conditions before pursing your case.
What is Comparative Negligence and How Does it Affect Slip and Fall Accidents?
Suppose you were 50% responsible for your injuries; your award will be reduced by that percentage. So if your damages total $20,000, you would only recover $10,000—the total $20,000 amount minus 50% ($10,000).
Consult with one of the experienced personal injury lawyers on the team at the Porter Law Group to understand how comparative negligence works and how it could impact your potential recovery.
What is the Statute of Limitations for a Slip and Fall Accident in New York?
Failure to file within this deadline will likely result in dismissal of the case. The statute of limitations can impact settlement negotiations and legal strategy. Some think it only starts once injuries manifest, but that is a common misconception—the clock starts ticking on the date of the actual fall.
It is critical to consult a slip and fall attorney and gather evidence promptly, as waiting until the last minute could compromise your right to recover for your injuries.
While you are entitled to fair compensation, New York laws do impose certain limits:
- Economic damages like medical bills and lost income are not capped.
- Normally, there's a limit on what a property owner pays if someone slips and falls. But if the owner's extreme negligence clearly caused the fall, that limit may not apply. Extra money could also be awarded to punish the owner's recklessness.
- Comparative negligence will reduce your award if you were partially at fault.
What Types of Damages Can You Claim in a Slip and Fall Accident?
General Damages
General damages cover non-economic losses that are subjective and do not have a precise monetary value. These include things like pain and suffering, loss of enjoyment of life, emotional distress, loss of consortium, and other intangible injuries.
They are harder to quantify than special damages. General damages are typically calculated based on the severity of the injury and its effects on the victim's life. Courts will not award general damages unless the plaintiff (person who is suing) proves actual injury.
Special Damages
Special damages are clear monetary losses with a defined dollar amount. These include tangible expenses like medical bills, lost wages due to missed work, property repairs or replacement costs, out-of-pocket costs, and other financial losses stemming directly from the injury or incident.
Plaintiffs must provide evidence like receipts, invoices, and documentation to prove special damages. They are not inferred simply from the injury itself.
Punitive Damages
Punitive damages are awarded not just to compensate the victim but also to punish the defendant for especially reckless or abhorrent actions. They are designed to deter similar future misconduct.
Punitive damages are awarded only in cases where the defendant's behavior is found to be intentional, malicious, grossly negligent, or so reckless that malice can be assumed. Mere negligence is not enough to award punitive damages. Since they are designed to punish, punitive damages typically far exceed the actual quantifiable losses.
Securing Just Compensation in a Slip and Fall Claim
Slip and fall accidents can happen in an instant, but their consequences can last a lifetime. If you suffered an injury due to negligence, you may have a case under New York State law.
While no amount of compensation can undo the trauma of an accident, holding negligent parties accountable can provide a sense of justice and closure. Take the first step by consulting a slip and fall lawyer. Get in touch with a personal injury attorney at the Porter Law Group today. Give us a call at 833-PORTER9 or send us a message at info@porterlawteam.com.
