Premises Liability | Slip and Fall Lawyer

By law, buildings, homes, parking lots, and walkways must be maintained to make sure that they are safe. If you are hurt by someone else’s negligence on the property they own then you can get compensation for your medical bills, pain and suffering and time off work.

If you have been injured in a slip and fall accident, it is important to take steps right away so that you can get the best legal outcome.

Time Limits for Claiming Compensation After a Slip and Fall in Westchester County and New York

It’s critical to know that, in most situations, you’ll probably start your process for compensation by submitting a claim with the property owner’s insurance carrier.

This may be a company policy or a homeowner policy, depending on where you fell. Insurance companies will need you to notify them of your accident as soon as possible after it occurs, regardless of whether it is a business or homeowner policy.

You’ll have a set period of time to file an actual claim for compensation once you’ve supplied the information necessary to do so.

The best approach is to contact a personal injury lawyer who has handled similar claims. For more than three decades, the lawyers at Denlea & Carton have been fighting with insurance companies in and around Westchester County to help injury victims recover the most compensation possible. 

We understand how insurance companies work, allowing us to assist you in your injury claim.

If the damages you’ve sustained exceed what an insurance carrier will cover voluntarily, you may pursue a civil personal injury claim. You’ll also have a limited period of time in which to do so.

The statute of limitations for slip and fall claims in New York is usually three years. The clock starts ticking when your accident occurs.

If you do not submit your claim on time, you will lose the right to get the compensation you deserve. As soon as your accident occurs, contact Denlea & Carton. We can start working on your case as soon as you give us permission to do so.

Hurt in a Slip, Trip, and Fall Accident? Get the Money You Deserve

Accident victims might be unsure whether they require the assistance of an attorney. Here are three situations in which our skilled slip, trip, and fall attorneys can assist you:

  1. We’ll take care of the complicated paperwork. Slip, trip, and fall cases are difficult and complex. Our skilled legal team will handle all of the intricacies so you can concentrate on getting better.
  2. We’ll handle the deadlines. Injuries caused by a fall, slip, and trip are limited in terms of the amount of time in which they can be filed.
  3. We’ll treat you like a person, not a case number, and keep you informed about your case in language that’s easy to comprehend.

Don’t end up paying medical expenses incurred as a result of someone else’s negligence.

A terrible injury caused by a slip and fall or trip and fall accident can completely upset your life. Injuries can cause not only physical discomfort but also emotional distress. 

On top of all of this, medical expenses may mount up, and your accident may prevent you from working. At Denlea & Carton, we understand how traumatic a slip and fall accident can be.

For over 30 years, we have fought to protect the rights of persons who have experienced a slip and fall accident. 

Don’t put it off any longer; contact us right now. The sooner you call, the faster we can begin working on your case.

Contact Us to Discuss Your New York Slip and Fall Case for Free

Are you ready to speak with an attorney about your slip and fall case? 

Please call 914-331-0120 or fill out a contact form today.

Is It Necessary to Hire a Lawyer for a Slip and Fall?

To establish liability, you may need the assistance of a slip and fall lawyer. Because it can be more difficult to show responsibility in comparison with other personal injury claims, employing an experienced slip and fall attorney is critical. A competent personal injury lawyer can assist you in many ways.

A slip and fall accident may result in costly medical expenses and the inability to work.  At Denlea & Carton, we understand how stressful it can be to suffer a slip and fall accident. 

We’ll handle the legal issues so you can focus on what matters most: recovering quickly.

Who’s Responsible for Your Slip and Fall Injury?

One of the most frequently asked questions after a slip and fall accident: Who is to blame? It’s an excellent question that doesn’t always have a simple solution. The legal term “premises liability” comes into play.

Premises liability means that the owner of the property is responsible for making sure it is safe. They need to remove tripping hazards, clean up slippery floors, and light outdoor areas. 

When someone gets hurt, and another person is at fault, they can get compensation for their medical bills, pain and suffering, and lost time at work.

Types of Premises Liability

There are three types of premises liability. Because a homeowner is different from a landlord, who differs from a business owner, each one concerns the identity of who owns the property and, in turn, the responsibility for keeping it in a safe condition. The following are the three kinds of owners: Homeowner, Landlord/Renter, and Business Owner

Homeowner Liability

This involves a homeowner’s duty to keep his or her property secure. Learn more about homeowners’ insurance and who may be held liable if you’re harmed on their property.

Homeowners Responsible for Slip and Fall Accidents

Owners of property, especially homeowners, have a duty to keep their properties safe and hazard-free for guests. If an incident occurs at a home, the homeowner – and more importantly, his or her insurance – may be held responsible for the damages a guest suffers while at the home, including medical expenditures, pain and suffering, and lost wages.

The homeowner is responsible for the safety of their property and must ensure that it’s safe for visitors.  This is what’s referred to as “premises liability.” This includes shovelling snow, removing ice from pathways, securing loose cables, and more.

Who’s Affected by Homeowner Liability?

Homeowners are accountable for visitors who enter their property. But first, we must determine who “guests” are (and are not). 

If they were injured at someone’s house, the following individuals would be affected in various ways by premises liability:

  • The term “licensee” refers to family members and visitors. Though they do not have a contract with the homeowner, they are permitted to stay on the property.
  • Invitees – These are individuals who have been invited to someone’s property by name. Contractors, builders, and postal employees are examples of invitees.
  • Trespassers – Trespassers are individuals who enter a property without the landowner’s consent.

Common Accidents at Homes that are Premises Liability

Our law firm frequently sees the following accidents:

  • Slipping and falling due to failure to remove snow and ice
  • Cracks, fissures, or uneven steps on the road
  • Ladders and other equipment that aren’t properly stored might cause serious injury
  • Unlit walkways and steps, as well as faulty motion-activated lights
  • Unsafe interior of the building, such as uneven steps, broken railings, and so on
  • Work on your yard or house construction that isn’t fenced off

Who Pays for Your Medical Bills?

When you fall in someone’s house and are injured, it is frequently a friend, family member, or loved one. The last thing you want to do is make a fuss or “sue” someone you care about.

That’s why it’s critical to know who is responsible for your medical expenses. The homeowner is generally expected to have homeowner’s insurance, which simply implies that they are protected. If someone is hurt on the premises of the house, this sort of insurance will reimburse them up to a set amount.

This implies the insurance company will pay for your medical expenses, not someone you care about or love. They get this insurance in order to protect themselves if an accident happens on their property.

If you’re a homeowner, it’s critical that you know how your policy works. If anything happens on your property, be sure you have the correct coverage in place. 

Check to see if your homeowner’s insurance covers accidents at your home; if not, get additional insurance.

We Can Help if You’ve Been Injured at a Home

Slip and fall accidents are very serious, even though they may not seem like it at the time. The consequences of an injured elbow, damaged back or concussion might not be immediately recognized in some circumstances. Make sure you understand what to do if you have a slip and fall accident.

We’ll always be here if you need legal assistance following your accident. If the insurance company is refusing to pay your claim or giving you the runaround, we’ll take action and challenge them.

Give us a call at 914-331-0120 right now to speak with one of our attorneys. When you contact us, there is never any pressure to hire our legal firm, and we will always be free to talk with you.

Renter and Landlord Liability

When there’s a renter and a landlord, things get more complicated. When someone is hurt at an apartment, townhouse, or another rented facility, we’ll explain who is responsible and who isn’t.

Slip and Fall Accidents on Rented Properties

There is no such thing as an easy or simple slip and fall occurrence. You know exactly who is to blame for the ground and property if you’ve fallen at someone’s house. Things can, however, get complicated rather quickly if you fall at a rented home.

The responsibility for keeping the property secure rests with the landlord and management. If walkways need to be rebuilt, snow must be shovelled, or any other safety concerns emerge, the landlord is typically required to address them promptly.

However, tenants and renters may be held responsible in some cases for the safety of the residences they rent. Because they’ve agreed to a lease, renters may be obligated to remove any hazards from the sidewalks as a condition of their agreement to rent the property.

Who shovels the snow on our sidewalk?

We hear this same question from renters and landlords on a regular basis, both of whom are perplexed about who is responsible for snow and ice removal. It all depends on the specifics of your living situation. 

If you rent a home, you may or may not be obligated to remove the snow. You’re less likely to be in charge of snow removal if you live in an apartment complex.

  • Home Rentals –Check your lease for specific information, but the tenants are more frequently responsible for removing snow and ice in accordance with municipal rules. Assume it’s your duty to keep the property safe unless your landlord explicitly states you’re not responsible.
  • Apartment Complex Renters – Snow removal services are generally handled by a property manager for apartment complexes and structures. Check your rental agreement to see whether you’re responsible for snow removal.
  • Retirement Communities/Managed Properties – It should be stated in your lease or rental agreement, as with the preceding two categories. In most cases, these communities include snow removal as part of your rent.
  • Owners/Renters of Smaller Apartments – Talk to your homeowners association about whether your unit falls within their rules. Snow removal on sidewalks and pathways that lead to the doors of tenants is likely the responsibility of the renters, but not necessarily the parking lot.

What to Know About Code Violations

Be on the lookout for the following hazards:

  • Deteriorating, hazardous steps and handrails
  • Unmapped construction areas
  • Unlit pathways or stairwells
  • Uneven curbs and walkways
  • Slippery entrances without weather mats
  • Downspouts that pool water and form ice formations

Injured in a Slip and Fall Accident on a Rental Property?

If you get hurt on a rental property, be sure you know what to do to safeguard your rights. Learn more about what to do in the event of a fall at our 5 Steps to take after a slip, trip and fall accident section, which teaches you how to proceed if you are injured. Always seek medical attention and gather evidence if possible.

Insurance firms may try to deny your claim or offer you a lowball settlement, but don’t let them. We can help you stand up to them and fight for the compensation – and peace of mind – that you deserve.

We’re here for you at any time, so contact us for a free legal consultation. Our attorneys are ready to assist you.

Contact Us to Discuss Your New York Slip and Fall Case for Free

Are you ready to speak with an attorney about your slip and fall case? 

Please call 914-331-0120 or fill out a contact form today.

Business Owner Liability 

Customers are frequently aware of wet floor signs, salted sidewalks, and lobby weather mats, making this type of premises liability perhaps the most recognized. Find out who is accountable if you’re hurt at a business location.

Examples include:

  • Bars and nightclubs
  • Construction sites
  • Entertainment venues
  • Gyms and fitness centers
  • Hospitals and other medical facilities
  • Professional offices and office buildings
  • Retail stores, restaurants, shopping centers, and malls
  • Sports stadiums
  • Supermarkets and big box stores
  • Warehouses, factories, and industrial buildings

The issue isn’t so much where you fell as it is why you fell in the first place when seeking financial compensation for a slip and fall accident. If you slipped and hurt yourself on someone else’s premises, and the property was in a dangerous or hazardous condition, you might be entitled to financial recompense under New York law.

Business Owners Must Maintain the Safety of Their Buildings

Business owners are responsible for ensuring that their locations are safe for consumers and visitors, whether they’re a restaurant, a clothing shop, an office building, your local movie theatre, or anything else.

However, we, unfortunately, hear from individuals who have been hurt at a businesses far too often. Wet floors, dark or uneven steps, and broken escalators are just a few of the causes of accidents at businesses.

Premises Liability and Business Owners

The legal duty of business owners to keep their premises safe from any hazards or dangers that might result in an accident is known as “premises liability.”

A Business might be held responsible for any medical expenses, lost earnings, or pain and suffering caused by an accident if they fail to keep their premises safe.

Premises Liability: The Key Factors

To be held responsible for a slip and fall on their property, one or more of the following must be true:

  • The property owner is responsible for the hazardous situation (such as a spill, or other slippery, hazardous surface).
  • The property owner had been informed about the hazardous situation and did nothing to correct it (e.g., notifying a landlord about a broken step that they don’t repair that results in an accident).  This is what’s referred to as “actual notice.”
  • The hazardous circumstances should have been known to the property owner (even if they were not) based on the passage of time, or the nature of the hazard (e.g. a snow-covered walkway that wasn’t cleared in a timely manner,).  This is what’s referred to as “constructive notice.”

At Denlea & Carton our slip and fall injury lawyers will look into how you fell, as well as the grounds where the fall took place.

Decline to give any statements

Keep your cool and limit your interactions with the property owner or manager. Do not disclose any information regarding your accident on social media. 

Refusing to provide a statement to an insurance company until you’ve spoken with an attorney is advised. Avoid placing blame and don’t accept any.

Consult our Lawyers for FREE

A competent attorney is the greatest asset you can have when pursuing legal action. You are best off using the services of a top law firm since many slip, fall, and trip claims are complex and difficult to prove. 

We have the experience, knowledge, and track record of success to help you get your money back.

Can I Sue if I Slip and Fall in New York?

If you slipped and fell as a result of someone else’s carelessness, you might be able to file a lawsuit. To win a slip and fall case based on negligence, you must demonstrate that the defendant was responsible for your injuries.

A slip and fall lawsuit may help you get the money you deserve. This compensation might be used to cover medical expenses, missed income, pain and discomfort, and other costs. 

We recommend that you contact our firm at 914-331-0120 if you believe you have a slip and fall case. We’ll review your situation and answer any questions you may have for free.

How Long Do Slip and Fall Cases Take to Resolve?

Every slip and fall case is different, thus predicting how long it will take is challenging. Some claims are resolved in a few months, while others linger for years. 

We realize that you may be out of work and overwhelmed with medical expenses. The sooner you contact us, the sooner we can start working on your case.

Slip and fall claims are difficult to resolve, as they can involve a lot of detail. Our team of personal injury attorneys has the knowledge and resources to help you win your case.