Who Is Responsible for a Slip and Fall Accident in New York?

If you were injured in a slip and fall accident due to someone else’s negligence, you could be eligible to seek compensation for your medical bills, lost wages, damaged personal property, and more. However, the first question you must answer is “who is responsible for my slip and fall?”

Identifying which party is responsible after a New York slip and fall accident can be challenging. Depending on the circumstances of your accident, it might be necessary to have an experienced NYC slip and fall lawyer investigate the accident, identify which parties might be liable, and what insurance policies are in place to compensate you.

What Parties May be Responsible for a Slip and Fall Accident?  

Parties who may be responsible for your accident may include:

• Property owner – If a property owner was aware of a hazardous condition and did nothing to address it or warn you of it prior to your fall, they could be held responsible for your injuries.
• Property management company – In some cases, homes and business spaces are rented, in which case you might have a case against the property management company or landlord.
• Other parties – There may be times when another company, such as a construction company or cleaning company, is responsible for the premises and any resulting injuries.
• City government or municipal entities – If you were injured in a public space or in a city-owned building, a government entity may be legally responsible for the harm you’ve suffered. For example, on specific city streets, walkways, or bridges, the city of New York could be liable for injuries caused by conditions they were aware of but failed to address. The New York City Housing Authority could be held liable if someone is hurt in a city-owned rental property.

How is Liability Determined?

To establish your claim, you will generally need to show that the landlord knew about the hazardous condition and had the opportunity to correct it. Some questions you may need to answer include:

• How long did the hazardous situation exist?
• Was the owner aware of the situation?
• Did the owner take any steps to rectify the situation?
• Did the owner take any steps to warn you of the hazard?
• Was the injured victim reckless, careless, or negligent in a manner that may have caused the accident?

In order to prove liability, you will generally need to be able to demonstrate one of the following:

• The property owner was aware of the potentially hazardous situation before the accident occurred and did not make any attempt to remedy the situation.
• The property owner should have been aware of the hazardous situation and should have taken reasonable action to prevent an accident from occurring.
• The property owner was responsible for creating the hazardous situation that resulted in the accident and the injuries.

How Are Damages Calculated?

If you were injured in a slip and fall accident, you could be entitled to recover compensation for your losses. Compensation is designed to cover costs resulting from the accident, such as:

• Medical expenses related to the accident
• Lost earnings if you are unable to return to work after the accident
• Damaged or destroyed property, including clothing and other items
• Pain and suffering, including emotional distress and mental anguish caused by the accident

Contact a New York City Slip and Fall Attorney Today for More Information

If you were injured, an experienced New York City slip and fall lawyer at David Resnick & Associates, PC. can help. Contact us today for a free consultation.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.