You have probably seen the large, yellow signs warning you of wet floors while shopping at your local grocery store. When stores neglect to notify customers of dangerous conditions like slippery floors, their customers may slip, fall, and injure themselves as a result.
Property owners owe a duty to their customers to warn them of dangerous conditions on their property. If a business owner knew or should have known that a hazardous condition like a wet floor existed on the property where you slipped and fell, a court may hold the owner liable for your injuries.
Wet floors are not the only cause of slip and fall injuries. People can slip on spilled food or spilled laundry detergent that the property owner has not yet cleaned up. Business owners have a duty to not only clean up spills they know about but also to inspect for dangerous conditions like wet or slippery floors.
Slip and fall victims can recover damages for the injuries that result from their fall as well as property damage For example, if the fall resulted in damage to an expensive watch or handbag, the victim may be able to recover the cost of that personal property, if successful.
New York’s Slip and Fall Statute of Limitation
Slip and fall cases fall into the broader category of personal injury law under the umbrella of tort law. New York Civil Practice Laws & Rules Section 214 states that the injured party must file a slip and fall lawsuit within three years of the accident happening or it will be time-barred in New York.
New York is a Pure Comparative Negligence State
Our experienced attorneys will help you prove that the property owner’s negligence caused your slip and fall accident and, in turn, your injuries. New York state is a pure comparative negligence state. Thus, if a jury finds you to be 30% responsible for your slip and fall because you were wearing unsafe footwear when you fell and the property owner 70% negligent, you will only receive 70% of the damages. Thus, if a court awards you $100,000 in damages, you will only receive $70,000. It is advisable that you hire an attorney dedicated to proving that the property owner was substantially more negligent than you were.
If your case settles before going to trial, the pure comparative negligence rule will come into play during negotiations with the other side. You will need a skilled negotiator to help you earn the most compensation possible.
Contact Your New York Slip and Fall Attorneys
Do not let the statute of limitations run out before you file your slip and fall lawsuit. GIve yourself the time you will need for your attorney to gather information, evidence, and expert testimony for your case. Contact the Manhattan-based attorneys of Nass, Roper, & Levin, PC for skilled New York personal injury help today.
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