What conditions are associated with a slip, trip or fall personal injury lawsuit?

New York premises liability law requires all business and property owners to provide safe, convenient access for any visitors in all weather conditions. It is the property owner's duty to keep the ground free from ice/snow during the winter, and keep floors dry. If you have slipped on the floor of a business which has failed to meet these standards, and can demonstrate significant damages in terms of personal injury, lost wages, or other losses, you are able to present a personal injury case.

How much time do I have to bring a lawsuit?

In New York State, a personal injury lawsuit against a private (non-municipal) defendant must be commenced within three years of the date of accident. Municipal and other governmental entities have stricter time frames, often requiring that legal notice be given to the correct municipal agency within ninety days of the accident, and the lawsuit for the personal injury commencing within one year and ninety days.

What is the first thing to consider in determining whether someone else is responsible for your accident?

You must first determine whether someone else owed you a duty of care. Under the law, landowners and lessees owe a duty of care to to prevent accidents to all individuals whose presence on the property is reasonably foreseeable to prevent accidents. When you visit a property, the owner and lessee may be held responsible for any foreseeable accidents caused by a dangerous condition. A key step is to identify the owner and/or lessee of the property.

What is a duty of care?

A duty of care is a landowner’s or lessee’s legal responsibility to maintain a property in a reasonably safe condition in view of all the circumstances, which include the likelihood that an injury can occur, the seriousness of the injury, and the burden of avoiding the risk.

What are some examples of conditions that lead to a slip, trips, and falls lawsuit.

Some examples of slips, trips, and falls that can result in a lawsuit include:

• Slipping or falling on ice or snow that has not been shoveled
• Slipping on a loose wire or rug
• Falling down stairs that have been poorly maintained or don't include a handrail
• Tripping over merchandise at a store that interferes with a walking path
• Slipping on spilt food and beverages at a grocery store
• What else is required to hold a landowner legally responsible?

The occurrence of an accident, by itself, is not enough to bring a lawsuit. There must be a connection between the dangerous condition and the accident. Put another way, there must be evidence that the dangerous condition was a substantial factor in causing the accident.

What defenses can be brought against a slips, trips, or falls case?

Since a slips, trips, and falls case must prove that the defendant is negligent, many property owners keep regular inspections and records of their compliance with premises security standards. If there is more than one owner or lessee of a property, or an individual employee or maintenance company is responsible for the failure to provide proper maintenance, defendants will attempt to avoid liability by pointing to that other party. It is important to make sure you provide your lawyer with full details of when, where, and how the accident occurred.