According to the New York State Department of Health (NYSDOH), injuries from falls are the leading cause of hospitalization for people aged 25 and older and children aged 14 and younger. They are also the leading cause of unintentional death for people aged 45 and older.
A slip and fall accident is no laughing matter, as it can lead to severe injuries, like a traumatic brain injury (TBI) or a broken arm. Depending on where the fall took place and from how high, a slip and fall can lead to death.
In New York, proactive messages are sent out to alert people to remain careful as winter weather begins to set in. Snow and ice are common slip hazards, which is why both the local government and private property owners must uphold their duty of care to maintain their sidewalk and common ground areas so that they are safe for people to walk on without risk of falling.
If you or a loved one slipped and fell on public or private property, you may be entitled to file a premises liability claim or lawsuit against the negligent property owner or municipality that governs that area of land. A slip and fall on snow and ice accident lawyer serving Long Island can review your case and guide you through the litigation process to pursue compensation.
Contact Rosenburg & Gluck, L.L.P., at (631) 451-7900 for a free case evaluation today.
For a free legal consultation with a slip and fall accident on snow and ice lawyer serving Long Island, call 516-451-7900
Premises Liability Laws Hold Property Owners Accountable for Injuries on Their Premises
In New York, the Basso v. Miller case in 1976 established that property owners have a duty of care to keep people from harm on their premises, regardless of the individual’s status, and that they must maintain reasonably safe conditions, according to the New York State Bar Association (NYSBA).
Later, in 1990, this duty of care extended to keeping ice off sidewalks that lead to the property, as established in the Rosenblatt v. City of New York. This case also established that municipalities may be held liable for injuries on public property that should have been properly maintained under their jurisdiction.
Whether you were injured on private or public property, if your slip and fall injuries were preventable, you may be able to file a claim or lawsuit against the negligent party for not upholding their duty of care to you. Where your main concern might lie is determining how long you have to file your claim or lawsuit. Taking civil action against a private business or residence owner and a municipality are two separate processes with different requirements. Your lawyer can review your case and guide you on how to proceed.
Need help determining whether the property you slipped on belonged to a private or public party? A lawyer serving Long Island experienced in handling snow and ice slip and fall accidents may be able to help you investigate who owns the property you slipped and fell on. To begin this investigation, reach out to our team at Rosenberg & Gluck, L.L.P., by calling (631) 451-7900 for a free case evaluation. We can gauge where your case stands and then advise you on what steps to take next.
Long Island Slip and Fall Accident on Snow and Ice Lawyer Near Me 516-451-7900
The Statutory Deadline for Your Case Varies by Who You Are Suing
All personal injury lawsuits must abide by the statute of limitations, in that plaintiffs must file their civil action against the defendant by a deadline. New York Civil Practice Law & Rules § 214 gives a general statutory deadline of three years for plaintiffs to file their slip and fall case against a negligent party; however, this deadline mostly applies to private property owners.
If you are filing a lawsuit against a municipality or New York State, New York General Municipal Laws § 50-E mandates that you have up to 90 days to file your claim of notice. Should you fail to do so, the New York State Unified Court System may dismiss your case.
Additionally, if the slip and fall accident resulted in a loved one’s death, a different statute of limitations applies.
Your slip and fall lawyer may be able to help you prepare your lawsuit to file it on time. Ultimately, it is up to you to act as soon as possible and reach out to a law firm if you decide to sue for compensation.
You May Be Able to Receive Compensation for Your Slip and Fall Injuries
If you decide to sue for compensation, you may be able to receive awards for your damages, which might include:
- Medical expenses
- Income loss
- Pain and suffering and inconvenience
- Mental anguish
- Reduced earning capacity
- Transportation or mileage costs to medical appointments
If you lost a loved one in a slip and fall accident on snow and ice, you may pursue damages related to their death, such as funeral expenses, loss of household income, and loss of emotional support from your loved one. Also, keep in mind that suing on behalf of your loved one would qualify as a wrongful death lawsuit, which generally has a statutory deadline of two years in New York, according to New York Estates, Powers, & Trusts Law § 5-4.1.
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Hire a Lawyer from Rosenberg & Gluck, L.L.P., to Represent You
Despite compilation videos of people slipping on snow and ice across the internet, slip and fall accidents are not always a funny matter. In many cases, people can sustain severe injuries from a slip and fall—even fatal ones.
If you or a loved one was on public or private property when the slip and fall occurred, you might be eligible to file a claim or lawsuit against the property owner or manager responsible for maintaining the walking path conditions. A lawyer serving Long Island experienced in handling slip and fall on snow and ice accidents can help you build your case against the negligent party or parties and stand by your side in your pursuit of compensation.
Contact Rosenberg & Gluck, L.L.P., today by dialing (631) 451-7900. You can receive a free case evaluation about your slip and fall from a team member, who can then explain your litigation options to you. Call today.