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Posted in Slip and Fall Accidents on March 20, 2023
Slip and fall accidents generate more than their share of New York personal injury claims. They represent a high percentage of construction site accidents, for example. It is important to know who to file your slip and fall claim against so that you can obtain full compensation.
A slip and fall accident in your home is least likely to justify a personal injury claim against someone else. If your injury was caused by a hidden defect, however, you might be able to file a claim against your homeowner’s insurance or your renter’s insurance. Read your policy carefully—or, better yet, have your lawyer look it over.
Business owners who are open to the public owe a duty of care to their customers. They must perform a reasonable inspection of their property. If they find any dangerous conditions, they must either repair or warn of them to prevent injuries. If they breached that duty and thereby injured you, you can probably win a personal injury lawsuit against them.
For example, suppose an employee mopped the floor but failed to erect a “Wet Floor” sign. Further, suppose that you slipped on the wet floor and broke your hip. It doesn’t matter that it was an employee, not the company, who committed the breach of the duty of care. An employer is liable for the wrongful acts of their employees. That means you can sue the company instead of relying on the funds of a minimum-wage employee to pay your claim.
The identity of the party who bears liability for paying a personal injury claim depends on how much responsibility they shouldered to ensure the safety of the property. The appropriate defendant might be:
Your lawyer can further advise you on the appropriate defendant to file a claim against.
What caused your slip and fall accident? Was it objects on the floor? A pair of roller skates left in the stairwell? A slippery floor? Your neighbor is probably liable for your accident in their home. If you are reluctant to sue your neighbor, ask them to show you their homeowners’ insurance policy or their renters’ insurance policy. It is very possible that the applicable insurance policy can cover your neighbor’s liability for your slip and fall accident.
If you slip and fall on public property, and if your accident resulted from a dangerous condition, you might have a slip and fall claim against the government. You have to comply with special rules when you are filing a claim against the government because your compensation will come from taxpayer funds.
Normally, a landowner does not bear liability for an accident suffered by a trespasser on their land. Imagine, for example, a landowner having to compensate a burglar for falling through a window while breaking into the home.
If the injury victim was a child, however, the attractive nuisance doctrine might come into play. The attractive nuisance doctrine applies when a child is attracted to a condition on the property, trespasses on the property, and suffers a foreseeable injury. For example, a child might be attracted to a trampoline or a swimming pool in someone’s front yard. Depending on the age and maturity of the child, a court might find the landowner liable.
Most personal injury lawyers won’t charge you unless they win or settle your claim. You can even schedule a free initial consultation, with no obligation to hire the lawyer after your consultation is over. If you think you might have a slip and fall claim, don’t hesitate to take advantage of this opportunity.
If you need legal assistance, contact the New York City slip and fall accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242