Slip and fall injuries in public places are the leading cause of emergency room visits annually; usually during winter, people tend to get injured by slipping and falling on surfaces that are not properly maintained free of ice or snow.
Determining who is responsible for covering those damages and personal injuries can be complicated. In New York, some sidewalks are considered the responsibility of adjoining property owners, so they can be held liable for having knowledge of these dangerous sidewalk conditions that could cause injury to pedestrians.
Let's Talk About Liability for Falls in New York
If you slip and fall while working on a construction site, the property owner or contractor is responsible; but… if you slip while walking on a sidewalk, who is potentially responsible?New York's Administrative Code imposes obligations on property owners regarding the removal of snow and ice from sidewalks, where even adjoining property owners, can be held liable if their actions increase the risk of falls or worsen the situation.
The best way to determine liability is, without a doubt, to seek legal advice from a personal injury attorney with experience.
Although there is no precise way to determine when one or another person is legally responsible for personal injuries of this type, each case revolves around whether the property owner or occupier acted properly to prevent the possibility of someone getting injured.
Generally, a person injured by slipping and falling on a third party's property, must prove that the cause of the accident was a dangerous condition and that the property owner had knowledge of the condition.
This negligence must present an irrational risk to the person on the property and must be a condition that the injured person could not have anticipated. This last part implies the responsibility of all pedestrians to be alert to dangers and use ideal tools or clothing to help prevent accidents such as gloves, coats, and winter boots.Find at Conexión Legal attorneys specialized in cases of accidents in public places; contact us through WhatsApp or Schedule your Consultation and explore alternative solutions to your case.How to Take Legal Action for Personal Injuries in Public Places in New YorkFor a property owner to be held liable, it must be foreseeable that their negligence would create the danger of a fall or slip. For example, if a can of paint falls to the floor and spills in the hallway and the next day the store has not cleaned up the spill, and someone slips and gets injured, it could be argued that it was foreseeable that the store's negligence by not inspecting the hallways and cleaning up would cause someone to slip and get injured.
So How Can I Proceed After an Accident in a Public Place?
In some cases, the plaintiff can prove the negligence of the third party by proving that the property owner violated a law; for example, building codes that typically indicate when and where handrails and similar fixtures should be installed.
If you fall on a stairway without a handrail and its absence is what causes your injuries, you may have the right to a valid claim against the building owner on the grounds that they violated the building code.
The best course in cases of personal injuries from slips in public places that require legal action in search of compensation, is good to seek transparent and accurate legal advice with a slip and fall attorney who can guide you and seek solutions. At Conexión Legal we have a professional specialized in each matter you wish to resolve, contact us.
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