Your Rights and Remedies After a Slip-and-Fall

Your Rights and Remedies After a Slip-and-Fall

Be careful of that damp place on the floor of the supermarket, or the spilled soft drink on the floor of the restaurant. Pay close attention to the cracked sidewalk in the parking lot of your neighborhood mall. A wrong step and you will be sitting on the ground or the floor with a possible sprain or strain. If that happens, the first thing you should do is to see your physician. Sometimes, what we think are minor scrapes and sprains from a fall turn out to be something more serious. After you are examined by your doctor, come talk to a personal injury law attorney who will let you know what your rights and remedies are.

There are things you will need to know about making a claim for payment of your medical bills, and any other damages relative to your accident.

How Long Do You Have to File a Claim for Injuries as a Result of a Slip-and-Fall?

If you are injured in a slip and fall accident in New York, there is a limit on the length of time you have in which to file your claim, also known as the Statute of Limitations. The Statute of Limitations is a procedural law that says you must file your claim, if at all, within a period of time in order to preserve your cause.

New York State Law regarding the Statute of Limitations for personal injury cases, including slip and falls, is three years. That means that you have three years from the date you were injured from a slip, trip, and fall, to file your complaint with the court.

Proving Your Case

You have met your Statute of Limitations deadline and filed your case within the time limit. What next?

For a property owner to be held liable to you on a claim for any injuries you suffered due to a slip, trip and fall on his premises, you will need to prove the following:

  • That the owner of the property or his employee created a dangerous situation on his property;
  • That the owner of the property or his employee knew of the dangerous situation and did nothing to remedy it;
  • That the owner of the property or his employee must have known about the situation because a “reasonable” person would have taken the necessary measures to discovery and remove or repair it
  • That you were not made aware of the dangerous situation at the time you were on the property by either the owner or his employee, and as a result, you were injured.

Property owners who invite guests onto their premises for the purpose of doing business with them are, as a matter of public policy, held liable for the condition of that property if one of the patrons or invited guest are injured as a result of the property owner’s negligence, or the negligence of someone in their employment.

If you or a loved one have been injured as a result of the negligent or intentional acts of another, it is important that you have someone on your side that is knowledgeable about your rights and any remedies you might be entitled to. You need an experienced personal injury law attorney. Please contact us today, by phone at 1-877-363-7942, or take advantage of our online case evaluation form to schedule your initial case review.

 

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