What You Should Know About Filing a New York Trip and Fall Claim
Trips and falls, or slips and falls, can happen almost anywhere in New York. Sometimes these accidents happen at worksites, but they can also happen at retail establishments, restaurants, and even at the home of a friend or family member. Depending upon where you fell and how the accident happened, you may be able to file a premises liability lawsuit. Trips and falls are one type of premises liability claim. More generally, premises liability is an area of personal injury law that says a property owner has a duty to others who are lawfully on the property to ensure that there are no unreasonable risks of injury. If a property owner cannot remedy a dangerous condition on the property, she or he has a duty to warn people about the risk.
The following are issues you should understand when it comes to filing a trip and fall claim.
If You Got Hurt on the Job, You May Need to Seek Workers’ Compensation Benefits
Unless your trip and fall resulted from negligence on a construction site that will allow you to file a claim under New York Labor Law, you may not be able to file a claim against your employer. Instead, you may need to seek compensation by filing a New York workers’ compensation claim. Since the workers’ compensation system is a no-fault system, injured workers cannot usually hold employers accountable for negligence that leads to a trip and fall at work.
Business Owners and Friends can be Liable for Trips and Falls
You should know that business owners can certainly be liable for trips and falls if you get hurt while shopping at a retail establishment or patronizing a local restaurant, for example. At the same time, friends and family members can also be responsible for your injuries if you slipped and fell as a result of a dangerous condition on their property. In either type of situation, you may be able to file a premises liability lawsuit to seek compensation.
You Should Document the Scene of the Trip and Fall Accident
When you suffer injuries in a trip and fall, it is important to document the scene where the trip and fall occurred. Many trips and falls occur as a result of torn carpeting, loose flooring, inadequate lighting, or a damaged staircase. It is extremely important to have time-stamped images of the condition that led to your trip and fall accident.
Statute of Limitations on Most Trips and Falls is Three Years
If you are eligible to file a trip and fall lawsuit, you need to know that New York law only gives you a short window of time to file your claim. Under New York law, the statute of limitations on most trip and fall cases, as well as other premises liability claims, is three years. In sum, you will have three years from the date of the trip and fall that caused your injuries to file a lawsuit. If you let that “clock” run out, you will be barred from filing a lawsuit.
Learn More by Contacting a New York Premises Liability Lawyer
If you sustained injuries in a trip and fall accident, it is important to learn more about your options for seeking compensation. An experienced New York slip, trip, and fall lawyer at our firm can evaluate your case for you today. Contact Leitner Varughese Warywoda PLLC to learn more about how we can assist you with your premises liability claim.