If you have slipped and fallen on ice in New York, you may wonder who is responsible and how to get help. It is important to understand that property owners have a duty to keep their spaces safe. When they fail to do this, and someone gets hurt, they may be held responsible. Proving this responsibility, known as liability, is key to your slip and fall claim.
In these cases, the main thing is showing that the property owner was negligent. Negligence means they did not take proper care of their property. For example, if a store owner leaves their sidewalk covered in ice, this could be negligence. It shows they did not do what was needed to prevent accidents.
Establishing Negligence in Ice-Related Slip and Fall Cases
Negligence is a big word, but it simply means someone a person did not take the care they should have. In New York, if a property owner lets ice build-up in a place where people walk, this could be negligence. To prove this in your case, you need to show that the owner knew or should have known about the icy conditions and did nothing about it.
Our lawyers understand how to show negligence in these cases. We look at whether the property owner did things like salting or shoveling the ice. If they did not, this could be strong evidence of negligence. Remember, every case is different, so what counts as negligence can vary.
Key Factors in Proving Liability
To prove liability in your slip and fall case, you must focus on duty of care and breach of duty. Duty of care means the property owner must keep their property safe. In winter, this includes removing ice and snow to prevent accidents. Breach of duty happens when they do not do this.
It is not enough to just say the property was unsafe. You need evidence. Pictures of the icy area, reports of your accident, and statements from people who saw what happened are all helpful. Our attorneys can help you gather and present this evidence in the best way to support your claim.
New York Laws Affecting Slip and Fall Claims
In New York, two laws are important for your slip and fall case: comparative negligence and the statute of limitations. Comparative negligence means if you are partly responsible for your fall, your compensation might be reduced. For example, if you were not paying attention when you fell, this could affect your case.
The statute of limitations is about time. In New York, you usually have three years from the date of your accident to start a lawsuit. If you wait too long, you might not be able to bring your case at all. This is why it is important to talk to a lawyer soon after your accident.
Contact the Law Office of Frank J. Cassisi, P.C. to Discuss Your Slip and Fall Lawsuit
If you have been injured in a slip and fall accident on ice in New York, do not wait to get legal help. Our experienced attorneys at the Law Office of Frank J. Cassisi, P.C. are here to guide you through proving liability and getting the compensation you deserve.
You can call us at (516) 294 5050 to speak with an attorney who understands these cases. We will listen to your story, explain your options, and help you decide the best steps to take. Remember, the sooner you reach out, the better we can help you with your slip and fall claim.