Should I Get a Lawyer for a Slip and Fall?

If you are wondering, “Should I get a lawyer for a slip and fall case?” the answer is yes. It’s always wise to retain legal counsel when you are dealing with matters pertaining to the justice system. 

In slip and fall cases in particular, these types of incidents can leave you facing serious injuries and mounting medical bills, not to mention a loss of income and financial stability. Knowing what to do next can be hard, but a Westbury personal injury lawyer can guide you. 

The Nature of Slip and Fall Accidents in New York

Slip and fall accidents encompass a broad category of incidents in which an individual slips, trips, or falls due to hazardous or unsafe conditions on someone else’s property. These are examples of common causes: 

• Wet floors
• Icy sidewalks
• Uneven pavement
• Poorly maintained stairs
• Cluttered walkways
• Inadequate lighting 

These hazards can exist in residential, commercial, or municipal settings. In New York, slip and fall incidents are generally addressed under the legal theory of premises liability. 

Premises liability holds property owners, landlords, and occupiers responsible for maintaining a reasonably safe environment for visitors and tenants alike. 

However, establishing liability is often complex and involves examining the relationship between the injured party and the property owner, as well as the nature and visibility of the hazard.

Legal Framework Governing Slip and Fall Cases in New York

Slip and fall claims are governed primarily by premises liability law, which requires that property owners exercise reasonable care to prevent dangerous conditions. New York applies a notice rule. To be held liable for an accident, one of these two factors must be true: 

• The property owner had actual notice of the hazardous condition
• The property owner had constructive notice of the hazardous condition 

There are two main ways a property owner, like Walmart, can be held responsible for a hazard: actual notice and constructive notice. Actual notice means someone at the store knew about the danger but didn’t do anything about it. Think of a spill that a manager saw and ignored.

Constructive notice is when the hazard was there long enough that the store should’ve known about it, even if no one reported it. For example, if an icy patch has been on the sidewalk for hours and no one has taken care of it, that could count as constructive notice.

If the store had no notice—actual or constructive—it might avoid responsibility. There’s also something called the “open and obvious” rule, which says that if the hazard was clearly visible and you chose to walk through it anyway, the store might not be liable for your injuries. 

Statute of Limitations for Slip and Fall Claims in New York

One of the most important legal deadlines in slip and fall cases is the statute of limitations. In New York, injured parties generally have three years from the date of the accident to file a personal injury lawsuit. 

Missing this deadline almost always results in dismissal of the claim, regardless of its merits. For claims against government entities, such as accidents caused by unsafe conditions on city sidewalks, different and often shorter timeframes apply. 

Notice of claim requirements typically mandate that injured parties notify the relevant municipality within 90 days of the incident, and lawsuits must be filed within one year and 90 days.

Factors Influencing the Success of Slip and Fall Claims

Several key factors influence whether a slip and fall claim will succeed under New York law:

• The presence and nature of the hazard: The specific condition causing the fall must be hazardous and not reasonably safe. This includes slippery surfaces, defects in the floor, or dangerous debris.
• The property owner’s notice of the hazard: Proof of actual or constructive notice is essential. Documentation such as maintenance logs, witness statements, or surveillance footage can support this.
• The injured party’s behavior: If the injured person was engaging in reckless or inattentive behavior, their claim may be reduced or denied.
• Warnings and signage: Adequate warning signs placed near hazards can affect liability. If a property owner warned visitors about a wet floor or icy conditions, it may limit their responsibility.
• The injured party’s status: Legal liability may depend on whether the injured person was an invitee, licensee, or trespasser on the property. Invitees, such as customers in a store, generally receive the highest level of protection under the law.

Call Our Personal Injury Law Firm in Westbury To Figure Out If You Should Get a Lawyer for a Slip and Fall 

If you or someone you love was injured after slipping and falling, you don’t have to face the aftermath all by yourself. While slip and fall injuries can be stressful and painful, you don’t have to go through this process all by yourself.

Instead, contact the Westbury personal injury lawyers at the law firm of Levine And Wiss. We have over 100 years of combined experience, and our attorneys have recovered hundreds of millions in compensation for thousands of clients just like you. We’re here to help.