New York Slip-and-Fall Lawyer
Landowners owe you a duty of care when you come onto their property as an invitee or licensee. If you endure a slip-and-fall accident, you may bring that landowner to civil court for a breach of duty via a civil complaint. A New York slip-and-fall attorney from The Lanier Law Firm will demand compensation for your losses during settlement negotiations or at trial.
Whether a property’s fallen into disrepair or the weather’s taken a turn, property owners owe their invitees and licensees a duty of care. Even trespassers can benefit from this duty under the right circumstances. Subsequently, a landowner who fails to uphold the duty of care owed to the people around them may be liable for the losses accident victims incur on their land.
If you’ve been injured in a slip-and-fall accident or lost a loved one in a slip and fall that was due to a landowner’s negligence, you may have the right to take legal action.
Together with The Lanier Law Firm team, you can argue for your right to compensation based on the extent of the losses you endured. We can estimate the value of your slip-and-fall case, file a complaint, and stand by your side as your case progresses through the legal system.
Reacting to a Slip & Fall Accident
Negligence is one of the primary causes of today’s slip-and-fall accidents. If you believe negligence led to your recent accident, you can bring forward evidence of that breach of duty in a civil claim. You can further use that claim to demand that the party who engaged in undue negligence financially support you throughout your recovery.
Your right to a civil suit hinges on whether you were an invitee, licensee, or trespasser when you were injured on the property.
Invitees and licensees — who are invited onto a person’s property for casual or business purposes, respectively — benefit from the full protection of a duty of care when on a landowner’s property.
The only time a trespasser might more effectively file a slip-and-fall claim lawsuit is when that trespasser is a child. Children in New York are protected by the attractive nuisance doctrine. This doctrine states that landowners with attractive features on their properties — pools and swing sets, for example — must make a point to maintain their property and protect wandering children from harm.
If your child recently suffered a slip-and-fall accident while trespassing on someone else’s property, you can discuss your right to legal action with a premises liability attorney.
Common Slip & Fall Accidents
The most common slip-and-fall accidents are caused by:
- Unaddressed weather damages
- Dangerous walking surfaces
- Poorly-maintained or missing handrails
- Ineffective workplace training
- Neglected outlets
You can work with a New York City slip-and-fall lawyer to assess the conditions at the scene of your accident and determine what forces may have contributed to your losses. It’s in your best interest to gather evidence of on-site negligence if you want to file a civil claim with your local county clerk.
Calculate the Value of Your Slip & Fall Accident
Recovering from a slip-and-fall accident can be an expensive endeavor. In the wake of someone else’s negligence, you’re likely to be left with unexpected medical expenses, damaged property, and the emotional cost of your losses.
Instead of taking on that burden alone, you can work with an attorney to demand damages from the party responsible for your accident.
Your lawyer will calculate the total estimated value of your slip-and-fall accident by determining the sum of current and future expenses related to your accident — your economic damages — and your non-economic damages, such as pain and suffering.
Proving Negligence After a Slip & Fall Accident
To effectively litigate your case in New York civil court, personal injury attorneys must present evidence of a breached duty of care and the losses you endured due to someone else’s negligence.
Evidence for your accident can include:
- Video and photo footage
- Social media posts
- Bystander testimonies
- Expert witnesses’ opinions
- Reports from medical professionals and an insurance adjuster addressing your losses
Dividing Slip & Fall Accident Fault
If you contributed to your accident, don’t worry. You may still have the right to pursue compensation for your losses. You can work with your slip-and-fall lawyer in New York to challenge these accusations of fault while still asserting that another party bears the brunt of responsibility for your accident.
If you are found partially at fault for your slip and fall, you may still receive compensation for your losses. The court will reduce the compensation you receive according to the percentage of fault you contributed to your accident. For example, if you’re found 25 percent at fault for a slip-and-fall accident and receive $100,000 in damages, a judge may deny you $25,000 of that compensation.
This division of fault falls under the umbrella of contributory negligence and is designed to help all interested parties pursue compensation for their losses, even when the process of determining fault isn’t clear-cut.
Wrongful Death Claims After a Slip & Fall Accident
Unfortunately, the circumstances that lead to a slip-and-fall accident may also see an injured loved one lose their life. If your loved one died as a result of a slip-and-fall accident, you may be entitled to file a wrongful death claim.
You may have the right to take up a wrongful death claim against a liable party if you are the deceased’s:
- Personal representative
The deceased’s siblings may pursue a wrongful death claim on the deceased’s behalf only under specific circumstances.
You Have a Limited Amount of Time to File Your Slip & Fall Claim
You must act quickly to file a slip-and-fall claim against the party you believe is liable for your losses. New York Civil Practice Law & Rules §214 imposes a three-year statute of limitations.
Contending with a lawsuit on top of recovering from a slip-and-fall accident is no easy feat. That’s why it’s in your best interest to contact a slip-and-fall attorney in New York City as soon as possible after your accident.
Our attorneys can begin putting the pieces of your case together while you focus on physical therapy, caring for your loved ones, and getting back to work.
The Lanier Law Firm Defends Your Right to Legal Action After an Accident
Landowners and shop owners have a responsibility to the people who come onto their property. Whether you’re browsing someone’s wares or walking past a storefront on a snowy day, you want to know that the person in charge of the land has taken steps to protect you from harm.
Under certain circumstances, you may have the right to hold a landowner liable for any losses you incurred in an accident on their property.
For more information about how you can take action after a slip-and-fall accident, contact the experienced team of lawyers at The Lanier Law Firm. Our slip-and-fall accident attorneys in New York will assess your accident, build your case, and represent you in court.
Together we can fight for maximum compensation. Call our office or reach out to us online today to learn more about what our experienced team can do for you.
Contact Our Firm
Schedule a FREE Consultation