Injured in a Fall in New York City – Who is Liable?
With the wintery weather fast approaching, the likelihood of being injured due to a fall increases.
While most tumbles result in only minor injury, it’s not uncommon for more serious injuries to occur, including head injuries, back trauma, or broken bones. All can leave you with pain, medical bills, a lengthy recovery, and lost work time.
When falls like this happen, you’re going to want to have help in your recovery process. That’s when you’ll need to consult with a personal injury lawyer who specializes in premises liability cases to find out about your options.
If I fall on someone else’s property, is the property owner liable?
In New York City, property owners have a non-delegable duty to maintain their property in a safe condition. This is true for all property in New York: private homes, apartment buildings, retail stores, supermarkets, subway stations – if someone owns the property, they are required to keep it in a safe condition.
Even when the weather is not cooperating, property owners are required to do their best to prevent injury to others. After a snowfall, property owners are required to clear snow and ice and lay down salt to their surrounding sidewalks. This prevents the accumulation of hard, slippery ice that can build up and then become hidden by a new snowfall.
Could someone else also be liable for my injury?
Yes, property owners are usually the primary parties found to be liable in a premises liability case, but they are not necessarily the only party that could be held responsible.
It’s not uncommon for an investigation by a premises liability attorney to reveal that someone else agreed with the owner that they would be responsible for maintaining it, in which case that person or company would also need to be brought into the lawsuit.
If a company is leasing retail space, for example, they may be the ones responsible for keeping the walkways outside of the store clear of snow/ice and well-lit.
What if my fall happened on city property?
It is imperative that you contact an attorney right away as there is a statue and limit time period to put the city on notice of any potential claim.
The property owner and those responsible for maintaining the property can be held responsible in a premises liability lawsuit, even if the owner is a city or state government agency.
You’ll need the help of an experienced premises liability attorney to help you sort out exactly how to go about bringing a lawsuit against the correct government entity.
If you or a loved were injured on someone else’s property, lawyers with The Law Offices of Michael S. Lamonsoff, PLLC are ready to discuss your case. We invite you to contact us for a no-cost consultation. We are available 24 hours a day, 7 days a week. Call 877-MSL-4LAW.
Contact our office at 212- 962-1020
for a FREE CONSULTATION any time.
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