Determining liability in a New York slip and fall case comes down to one central question: Did the property owner, manager, or party responsible for maintaining the space fail to act with reasonable care, and did that negligence cause your injury? If a person or entity knew—or should have known—about a dangerous condition and didn’t fix it, warn about it, or take steps to keep people safe, they can be held legally responsible.
Getting injured on another person’s premises can lead to long recovery times, extensive medical bills, and complex legal matters. You or your loved one may be unsure where to begin with a slip and fall liability claim in New York. Fortunately, our dedicated attorneys can help with your case.
Slip and fall liability depends on who owns, manages, or maintains the property and whether they acted negligently. At Chopra & Nocerino, we help victims investigate the cause of their injuries, prove negligence, and pursue full compensation. Schedule an initial consultation today to learn which parties may be held responsible under NY law for your case.
What Is Premises Liability in New York?
Premises liability is a legal concept that holds property owners responsible for injuries arising from hazardous conditions on their premises. Whether private or public, these individuals are expected to keep their property reasonably safe and secure for visitors. When they fail to uphold this duty of care, the injured party may have a case for compensation.
Who Can Be Held Liable in a New York Slip and Fall Case?
There are several common defendants in these types of cases; however, this can vary depending on the details of an incident.
- Private property owners and landlords
- Business tenants or store operators
- Property management companies
- Municipal or government entities (for public sidewalks and buildings)
Determining liability for injuries on private or public property often requires investigating who controlled or maintained the area where the fall occurred.
Circumstances Where the Property Owner Is Liable
In certain situations, the owner’s negligence is the cause of the fall. This could be due to an owner failing to repair leaks, broken steps, or icy walkways. These individuals are held to a legal standard of “knew or should have known.” In other words, it is the owner’s duty to address hazards they were aware of or should have discovered. Still, the victim’s ability to prove notice is key to establishing liability.
Tenants, Businesses, or Third Parties May Also Be Held Liable
Liability can shift to the business or tenant when they are the parties responsible for maintaining the property or addressing hazards within their leased or occupied space. This often depends on the terms outlined in maintenance agreements or lease contracts, which specify who is obligated to correct unsafe conditions and ensure the area is reasonably safe for visitors. Examples of incidents where this may be the case include spills in grocery stores or restaurants and clutter left in office spaces.
When Government Liability for Public Property Accidents Applies
Slip and fall accidents on public sidewalks, school grounds, or city buildings may involve government liability. However, the injured party must file a Notice of Claim within a short deadline when suing a municipality in New York.
What Happens if the Victim Is Partially To Blame?
New York’s pure comparative negligence rule allows injured victims to still recover damages even if they share some fault. In these situations, compensation is reduced in proportion to the victim’s degree of responsibility. The risk of losing out on fair compensation makes it crucial to partner with skilled legal representation to minimize fault.
Components of Proving Liability in a Slip and Fall Case
The key to proving liability in any type of personal injury case is concrete evidence. This could include an accident report, photos of hazards, witness statements, and surveillance footage. Launching an early investigation can preserve time-sensitive proof. At Chopra & Nocerino, our seasoned team uses expert testimony and documentation to build strong cases.
Chopra & Nocerino’s Method for Helping Victims of Slip and Fall Accidents
When you choose to partner with our firm, we take on the initial investigation, identify all responsible parties, and handle communication with insurers. Our experience with New York premises liability law and track record of client-focused advocacy make us a trustworthy and wise choice for victims across the state.
If you or your loved one has been injured in a slip and fall incident, do not wait to get the help you deserve. Reach out for a free consultation today. Our team works on a contingency fee basis, meaning there are no fees unless we win.
