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Slip and Fall in New York Rentals: Who is Liable?

Slip and Fall in New York Rentals: Who is Liable?

Slip and Fall Accidents in Long Island Properties

If you’ve ever slipped and fallen in a rental property in New York, you might wonder what to do next and who should be held accountable. Slip and fall accidents happen when you lose your footing and fall, often because of a wet floor, icy sidewalk, or slick surface. These accidents can happen anywhere, but they’re common in rental properties. You might slip in a hallway, on a staircase, or outside on the property.

Knowing the cause of your accident can helps you understand who might be responsible. Common causes include wet floors without warning signs, broken steps, or icy walkways that weren’t cleared. Sometimes, it’s things inside the apartment, like a loose carpet or an uneven floor. If your landlord didn’t fix these issues, they might be responsible for your accident even after knowing about them.

New York Laws Governing Slip and Fall Cases

In New York, the law about slip and fall accidents in rentals is pretty clear. It’s part of what we call “premises liability law”. This law says property owners (like your landlord) must keep their property safe. If they don’t, and someone gets hurt because of it, the owner might have to pay for the injuries. But it’s not always just the landlord’s responsibility. Sometimes, as the tenant, you might share some of the blame, especially if you knew about the danger and didn’t notify your landlord or do anything to avoid it.

Landlords have specific responsibilities. They need to fix things broken items, including stairs and floors. They also need to clear ice and snow, put up signs for wet floors, and ensure adequate and proper lighting. But as a tenant, you also have responsibilities. You should tell your landlord about any dangers you notice and avoid areas that you know are unsafe. If both you and your landlord are at fault, it can change the outcome of your case.

Immediate Steps After a Slip and Fall Accident

Right after a slip and fall, you should do a few important things. First, make sure to document everything. Take pictures or videos of where you fell and what caused it, like a wet floor or a broken step. If there were witnesses, get their names and contact information. This documentation can be helpful later, especially if you seek compensation.

Getting medical help is crucial, even if you think you’re not badly hurt. Some injuries, like back or head, can worsen over time. When you see a doctor, they’ll document your injuries, which is super important. This medical record proves that your injuries are real and came from the fall.

Determining Liability in Your Slip and Fall Case

Figuring out who is responsible, or “liable,” for your slip and fall in a rental property can be tricky. In New York, the law looks at “negligence.” This means we have to prove that your landlord knew about the danger and didn’t fix it. For example, if you told your landlord about a broken step and they didn’t repair it, they might be considered negligent.

But what if you knew about the danger and didn’t avoid it? Or what if you were doing something risky, like running on a wet floor? In these cases, you might share some of the blame. New York uses a rule called “comparative negligence.” This means if you’re partly at fault, it can reduce the amount of money you might get.

Compensation for Slip and Fall Injuries

If you’re hurt in a slip and fall accident, you might be able to get money to cover your costs. This money is called “compensation.” In New York, you can get compensation for different things like medical bills, lost wages if you can’t work, and even pain and suffering. The amount of money you can get depends on how bad your injuries are and how much the accident affects your life.

Sometimes, figuring out how much money you should get is complicated. It depends on things like how much money you lost because you couldn’t work, how much your medical bills are, and how much pain you’re in. Our lawyers at the Law Office of Frank J. Cassisi, P.C. can help figure out what’s fair and fight to get you what you deserve.

Navigating Insurance Claims and Settlements

Dealing with insurance after a slip and fall can be overwhelming. Most rental properties have insurance that might cover accidents like yours. But insurance companies often try to pay as little as possible. They might say the accident was your fault or your injuries aren’t that bad. This is where having us on your side can make a big difference. We know how to talk to insurance companies and can negotiate to get you a fair deal.

When you’re offered a settlement, it’s tempting to take it, especially if you need money fast. But the first offer is usually lower than what you deserve. Law Office of Frank J. Cassisi, P.C. can help you understand if the offer is fair and negotiate for a better one if it’s not. Remember, once you accept a settlement, you can’t ask for more money later, even if your injuries worsen.

Building a Strong Slip and Fall Case

To win your slip-and-fall case, you need strong evidence. Pictures or videos of where you fell, medical records showing your injuries, and statements from witnesses can all help. Sometimes, we might even bring in an expert to talk about how dangerous the situation was. This evidence helps show that your landlord was responsible and that your injuries are serious.

We will also prepare for any arguments the other side might make. For example, they might say that you should have been more careful or that the accident wasn’t that bad. We’re ready to answer these arguments and show why you deserve compensation. It’s our job to make sure your side of the story is heard loud and clear.

Statute of Limitations for NY Slip and Fall Claims

In New York, you cannot wait indefinitely to start your slip-and-fall case. There is a time limit, called the “statute of limitations.” For most slip and fall cases, you have three years from the accident date to start your lawsuit. If you miss this deadline, you might not be able to get any compensation.

However, if the accident occurs on municipal property, such as certain sidewalks, a hospital, a school or at a police station, you must notify the municipality within 90 days of the accident. This “Notice of Claim” must be filed within that time and at least 30 days before you file a lawsuit against the municipal organization.

This time limit is why it’s important to talk to us as soon as you can after your accident. We can help make sure everything is done on time and your rights are protected. Waiting too long can make it harder to win your case, so it’s best to get started right away.

Contact Law Office of Frank J. Cassisi, P.C. to Discuss Your Slip and Fall Lawsuit

If you’ve had a slip and fall accident in a New York rental property, we’re here to help. Contact the Law Office of Frank J. Cassisi, P.C. to discuss your case. We can give you advice and help you understand your options. You can call us at (516) 294 5050 to talk to one of our attorneys.

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