New York Premises Liability Accident Attorneys
Did you trip and fall on a broken or defective sidewalk and as a result you were injured? Did you slip and fall on wet floor? Did you slip and fall on a sheet of ice on the side walk? Did you fall down a set of steps because of a broken or defective step? Did you fall down a set of stairs because the area was improperly lit? Many people who have been injured as a result of a slip and fall accident have sustained serious, life-altering injuries, such as broken bones, back and neck injuries, internal organ damages, torn ligaments, and even death.
Slip and fall injury cases and trip and fall injury cases are classified as premises liability cases. In a premises liabiltiy case, a property owner may responsible for your accident if they failed to maintain their property in a reasonable safe condition for either their invitees or for people walking on the sidewalk abutting their property. In cases where the property owner was aware of the defect or created the defect a visible warning should be posted by the owner to warn of the condition.
At the Law Office of Dimitrios Kourouklis, Ph.D., our team of New York Premises Liability Accident Attorneys have extensive experience representing individuals who were injured because a property owner or operator failed to properly maintain the premises as well as representing property owners who are being sued for a defect on their property.
Where Do Most Slip and Fall Accidents Occur?
A slip and fall accident can occur at any place and at any time. The most common premises accident occur at the following places:
Stores and buildings - Most slip and fall accidents occur outside or in the entranceway of a store or building. Often times, water and other slippery substabces are tracked into a building by pedestrians. In some cases, a condition may exist on the exterior of the premises and the pedestrian is unable to seee the defect due to insufficient lighting. Slippery floors and blocked areas also created tripping defects that could potentially be highly dangerous to workers and customers. It is important that a building owner place warning signs in the lobby areas to warn of a wet slippery surface or to have sufficient lighting both inside and outside of the premises to make sure that people can observe any defect.
Restaurants - In a restaurant, food and drinks are constantly being served to patrons. There are times that food or liquids may fall onto the floor creating a slippery surface. Restaurant staff and personnel should clean up any dropped food or spill as quickly as possible.
Parking Lots and Sidewalk - A lot of accidents occur on public sidewalks and parking lots in New York City, Long Island and in Westchester. The most common cause of a slip and fall accident in these areas is a broken section of the sidewalk or a pothole in the parking lot. Another common cause is ice accumulation after a snowfall. A property owner has a duty to maintain their parking lot and premises in a safe and reasonable manner, including taking the necesary steps for remediate any snow or ice accumulation and making necessary repairs to defects in the property owner's sidewalk area and parking lot.
Steps - Often times a trip and fall accident will occur on a broken, loose, uneven, or worn out step. These steps could be in stairwells or steps leading to and from an entranceway. Property owners have a responsibility to maintain the steps on their property by conducting routine inspections of the premises and taking the appropriate measures to remedy a defect once it has been discovered.
Mass Transit - In New York City, Long Island, and in Westchester County, scores of thousands of people rely on the transit system to go to work or their desired destinations. If you are injured using public transportation, you may be entitled to compensation for injuries.
Slip and Fall Accidents On Icy Surfaces
Property owners are responsible for taking the necessary measures to remove snow and ice from their property, including sidewalks and parking lots. Property owners are permitted a reasonable amount of time after a snow storm ceases to remediate any snow or ice accumulation. However, if the property owner opts to remove snow during a snow storm, reasonable measures must be taken by the property owner to ensure that they do not create a hazardous dangerous condition.
Even after a snow storm has ceases and the initial snow and ice has been removed, a property owner must remain on top of any residual snow and ice and provide any necessary maintenance.
Proving Your Premises Liability Claim
Every premises liability claim is unique and fact specific.
If you are involved in a slip and fall accident, we recommend that you try to take photographs of the defect that caused your fall. Often times, a slippery condition is temporary and will be cleaned up by the property owner after your fall.
If your accident occurs within a store, whether a department store or a grocery store, you should complete an accident report. An accident report can be obtained by asking the store manager for a report. This report will allow you to tell your version of the events that led to your fall and injuries. If possible, you should obtain a copy of the accident report before you leave the store.
If there is a witness to your accident, try to obtain their name, address, and telephone number. The information that they possess may be vital to your premises liability claim.
In addition, we recommend preserving the item that caused your fall. For example, if you were caused to fall because of food debris, pick-up the food debris and place it in a plastic bag and preserve the item by placing it in your freezer. We also recommend that you preserve the shoes that you were wearing at the time of your fall.
For a property owner to be held liable for the injuries that you sustained as a result of their negligence, one of the following conditions must be true:
The property owner or their employee caused the dangerous condition to exist which resulted in your accident.
The property owner or their employee must have possessed acutal notice (actual knowledge) of the dangerous defective condition and failed to take any steps to properly correct the defect.
The property owner or their employee had constructive notice ("should have known") of the dangerous defective condition and failed to take any steps to correct it.
In a premises liability case, time can be of the essence as certain valuable evidence could be easily lost if the right steps are not taken. If you are unable to take any photographs or obtain any witness statements, our team of experienced premises liability attorneys will obtain as much information as possible to further your claim. Most premises liability claims have a three years statute of limitations. If your injury involved the City, the State, a municipal agency, or a state agency, a Notice of Claim has to be filed within 90 days of your accident.
Our team of attorneys is always available to answer your questions. We are very responsive to phone calls and emails 24 hours a day, 7 days a week, 365 days a year. Our team will work swiftly, efficiently, and aggressively to meet your needs and to obtain a favorable result for you.
The New York Premises Liability Accident Attorneys at the Law Office of Dimitrios Kourouklis, Ph.D offer free initial consultations to discuss your rights. You can contact us at 929-400-7608 or via email to learn more about your rights so that we can obtain the best outcome for you.
DISCLAIMER: This site and any information contained herein are solely intended for informational purposes only and should not be construed as legal advice nor does it form an attorney-client relationship. Seek competent legal counsel for advice on any legal matter.