You may be entitled to compensation if you slipped and fell on someone else’s property in Hauppauge, NY. However, the laws surrounding these types of injuries are complex. Fortunately, you do not need to handle this alone.
If you have been injured due to the negligence of a property owner, contact a slip and fall lawyer in Hauppauge, NY from Rosenberg & Gluck, L.L.P. at (631) 451-7900 today to learn more about recovering compensation for your injuries.
How to Prove Slip and Fall Cases in New York
You may be entitled to compensation for your personal injury. However, to do so, you must be able to establish the following:
- A dangerous condition existed on the property.
- The landowner or property owner knew or should have known of the dangerous condition.
- The landowner or property owner had enough time to rectify the dangerous condition or defect but did not do so.
- The defect or dangerous condition caused your injuries.
Some examples of common dangerous conditions seen in slip and fall cases in New York include liquid spills, broken staircases, uneven walkways or snow and ice.
Our team will work to establish the four tenets of a slip and fall case above.
Typical Places for Slip and Falls to Occur
While a slip and fall injury can happen anywhere, there are some common occurrences that are typically seen in personal injury cases. Common places for slip and fall injuries include:
- Department stores
- On uneven pavements
- Slippery sidewalks
- Grocery stores
- Parking lots
- Apartment buildings
While this list is not exhaustive, typically any public place can be the site of a slip and fall injury if there was a dangerous condition present on the property.
Proving the Property Owner Knew About the Dangerous Condition
One defense to a slip and fall claim the insurer might use is that the property owner had no knowledge of the dangerous condition. To establish the owner knew of the condition, we will need to establish either actual or constructive knowledge.
- Actual knowledge: The property owner admits freely that they knew of the dangerous condition. We can also establish actual knowledge if we can prove someone (e.g., an employee or tenant) told the property owner about the condition or created the condition.
- Constructive knowledge can be determined and established by providing evidence that the property owner should have reasonably known about the dangerous condition prior to your injury. For example, if a staircase looks as if it has been in disrepair for years, then the property owner should have known of the defect or dangerous condition.
Another defense is that the property owner did not have time to fix or remedy the dangerous condition (e.g., a spill on a restaurant floor).
A slip and fall lawyer in Hauppauge, NY can establish the property owner’s knowledge of the dangerous condition and prove that they had time to remedy it or at least place warning signage before your injury occurred.
Damages to Which You May Be Entitled
The compensation you can recover depends on the specifics of your case. However, here are common damages we often recover for our clients:
Slip and falls can cause several types of serious injuries. Our team can help you recover the compensation you need for treatment, hospital stays, medications, and future care.
If your injuries caused you to take time off work, we can help you recover that compensation. You may be entitled to compensation for any time off work due to recovery, doctor’s appointments, or even days you could not complete due to pain.
Future Lost Wages
If your injuries keep you from returning to work or require you to take a lesser paying job, you can recover compensation for that lost pay as well.
We can also help you recover compensation for noneconomic damages such as pain and suffering and mental anguish.
If you lost a loved one due to a slip and fall, we can help you file a wrongful death action and recover compensation for damages such as funeral and burial costs and loss of consortium.
Be Aware of the Statute of Limitations
The time limit, or deadline, in New York to file a slip and fall personal injury case in the state’s civil court system is generally three years under NY § 214. In some situations, such as a case against a municipality, your time to file can be much shorter. If you fail to file a lawsuit within the required time, you will likely be unable to recover compensation. It is important to consult with a personal injury attorney who has experience handling New York slip and fall cases as soon as possible.
Contact a Slip and Fall Lawyer in Hauppauge, NY
The personal injury lawyers at Rosenberg & Gluck, L.L.P. will help you understand your legal rights as a victim of negligence, work with you to build a strong case, negotiate with insurance companies if necessary, represent you at trial, and help you understand all of your options to receive just compensation for your injury. If you slipped and fell due to another person’s negligence, call Rosenberg & Gluck, L.L.P. at (631) 451-7900 for your free consultation and to find out how our legal team can help you.