Slip and Fall Injuries: When Is a Property Owner Liable?
Slip and Fall Injuries: When Is a Property Owner Liable?
Slip and fall accidents can happen anywhere—at a grocery store, in an apartment complex, or even on a public sidewalk. While some falls are unavoidable, others occur due to hazardous conditions that a property owner failed to address. At the Law Offices of Jonathan Van Dina, PLLC, we help individuals in Hicksville, New York, understand their rights and determine when a property owner may be legally responsible for their injuries.
Understanding Property Owner Responsibility
Property owners in New York have a legal duty to maintain their premises in a reasonably safe condition. This duty applies to both residential and commercial properties. If a dangerous condition—such as a wet floor, uneven pavement, or icy walkway—causes someone to slip and fall, the owner may be liable if they knew (or should have known) about the hazard and failed to take proper action.
Key Elements of a Slip and Fall Case
To pursue a slip and fall claim, the injured person must generally prove:
- A dangerous condition existed on the property.
- The property owner knew or should have known about the condition.
- The owner failed to fix or warn about the danger within a reasonable time.
- The condition caused the injury.
For example, if a supermarket employee mopped the floor but didn’t put up a warning sign, and a customer slipped and fell, the store may be held responsible.
Comparative Negligence in New York
New York follows a comparative negligence rule, which means an injured person can still recover damages even if they were partially at fault. However, any compensation awarded will be reduced by their percentage of fault. For instance, if someone was 20% responsible for not watching where they were walking, their damages would be reduced by that amount.
Timely Action Matters
In New York, the statute of limitations for most slip and fall claims is three years from the date of the injury. However, if the fall occurred on government property, a notice of claim usually must be filed within 90 days, making it critical to act quickly.
How We Can Help
At the Law Offices of Jonathan Van Dina, PLLC, we can evaluate your case, gather evidence, and communicate with insurers and other parties on your behalf. We aim to ensure that injured individuals in Hicksville receive fair compensation for medical expenses, lost wages, and pain and suffering after a slip and fall incident.
