Accidents involving falls are among the most common causes of injuries in the U.S. They are especially frequent among the elderly. The Centers for Disease Control and Prevention, or CDC, reports that millions of individuals over 65 years old suffer such incidents each year. Furthermore, the agency states that less than 50% of older people who fall and hurt themselves inform medical professionals about it.
According to the New York Department of Health, injuries from falling are the top cause of hospitalizations for those 25 and older and 14 and under. “Slip and fall” is a phrase used to refer to incidents where people trip/slip and sustain harm on someone else’s property. When pursuing this kind of claim in New York, there are certain facts claimants need to be aware of.
1. New York has premise liability laws regarding property maintenance
The state requires property owners to keep their properties in a “reasonably safe condition.” What constitutes this is subject to the judgment of the court (dependent on the circumstances of each case). If owners fail to hold to what said courts consider adequate standards, they may bear liability for the medical bills of anyone hurt on their premises.
2. There exists a statute of limitations
Three years is the time limit to file a slip and fall personal injury claim against the owner of the land/building the accident occurred on/in. The countdown to this deadline starts on the date of the event. There are a few rare exceptions to this.
3. New York has a comparative negligence rule
Essentially, this means those filing claims may have partial responsibility for their injuries if found to have been negligent. Courts deduct the percentage of blame assigned from the total damages awarded. Even with a settlement, the opposing side may take these regulations into account and adjust its offer accordingly.
Slip and fall accidents have the potential to cause both minor and severe bodily harm. State law may hold people at fault for any injury incurred on their property.
