Can You File a Claim for a Slip-and-Fall on Government Property?
Can You File a Claim for a Slip-and-Fall on Government Property?
Depending on the severity of your fall, you might be finding it difficult to think clearly. Regardless of whether or not you hit your head or sustained severe injury in some other way, slip-and-falls call for prompt action on the part of the victim – perhaps especially in the case of falls on government property.
It may seem unfair to be so pressed for time when you have been hurt on someone else’s property, but that’s the law. Specific procedures and limitations govern all personal injury claims and lawsuits in the State of New York, but additional steps and strict timelines apply to harm sustained on government property.
If your injury was foreseeable according to state law, then you can file a notice of claim within a certain number of days from the date of the incident. From there, this notice must be submitted to the appropriate state government agency or municipality.
When your claim is denied or otherwise remains unresolved, you can then file a lawsuit to continue pursuing compensation, but you will not have forever to do this. To make sure you skip zero steps and waste little time, contact us for a free consultation. The personal injury attorneys of Hill & Moin can help you navigate this maze of a process effectively.
Is the Government Liable?
First off, where did you fall? Who is the property owner? Were you hurt on state or federal property or is the place where you fell under private jurisdiction?
If your injury occurred in one of the following locations, then you may have a personal injury case against a state or federal government entity on your hands:
- Public parks, sports fields, and playgrounds
- Libraries
- State or federal government buildings
- Public schools and universities
- Public roads
- Community centers
- Police stations
- Fire stations
- Post office property
- Courthouses
- Public beaches
- Airports
- Staten Island Ferry or terminals
That’s correct – the Staten Island Ferry is operated by the NYC DOT. By contrast, the subway and public bus system is governed by the Metropolitan Transit Authority (MTA) which is operated by a private party.
Sidewalks are another tricky accident scene. If you fell on a sidewalk, your legal case must be filed against the property owner of whatever establishment the sidewalk was “abutting,” or connected to, as set out by New York’s sidewalk law. It could be that you fell on private property.
If you were indeed hurt on government property, then you may have a valid claim against the agency responsible. However, before you can file, one more determination must be made regarding New York slip and fall cases: the foreseeability of your injury.
Was Your Government Property Injury Foreseeable?
Unfortunately, one make-or-break factor under New York state law can determine whether or not you may file a legal claim regarding your slip-and-fall on city or state property.
Public property should be well maintained by the government, just as any private property should. The government is held to the same rules as other property owners: to keep the property safe and clear of dangerous conditions on behalf of visitors.
However, according to state law, the local government agency in question must have received written notice of the hazard that caused your accident within a specified number of days before your injury occurred. In other words, the agency had already been warned that the dangerous condition existed on their property and had enough time to address the issue – but failed to do so before you got injured.
You can file a legal claim against that liable entity as long as your case meets the above conditions. On the other hand, you cannot file if the hazard was previously unreported or if not enough days passed since the initial report was filed.
If you were hurt on local government property despite the foreseeability of your personal injury, then hop to it. You may have only days left to file your notice of claim, but a lawyer can help you make your deadline – not to mention take a load of stress off your shoulders during this time.
After a slip-and-fall, you need to be focusing on yourself, your well-being, and your family. Unless you know first-hand how to navigate the complicated claims process before it’s too late, then it is better to leave your case to be handled by a personal injury attorney who will prioritize your interests.
Meeting the Deadlines for Slip and Fall Cases
Let’s suppose, for a moment, that your slip and fall case does qualify to be filed against a government entity in New York. Once a knowledgeable attorney has confirmed this for you, then you can move forward with your slip and fall claim.
Although you are allowed to do so by law, our experienced law firm does not recommend filing a personal injury claim on your own without the assistance of a qualified lawyer.
You could unfortunately find yourself without much time left to take even your first step. According to the Comptroller’s Office, the strict requirements and procedures described below must be followed.
Steps to take
Filing a claim with the Comptroller’s Office can present challenges to someone who lacks knowledge and experience. Following each and every mandatory procedure to the letter is crucial in protecting your rights and maximizing your chances of a successful claim or lawsuit.
Within a limited period of time, you must accomplish the steps listed below:
- Gather evidence: Collect all relevant evidence, including photographs of where you fell, corresponding medical records, eyewitness statements, and any incident reports that have been filed
- Complete the notice of claim: Fill out the notice of claim form, which should include:
- Your personal information
- Details of the incident (date, time, location)
- Description of injuries
- A statement of the damages being claimed
- File the notice of claim: Submit the completed notice of claim to the appropriate Comptroller’s Office
- Await acknowledgment: After filing, the agency typically acknowledges receipt of the claim within a number of days; they may investigate the claim, which could involve interviews or site visits
- Response from the agency: The agency can either settle the claim, deny it, or take no action
- Settle the claim: This must be done within a period of time as specified by state law; if a fair settlement cannot be reached by a certain date, then it may become necessary to take the next step listed here
- File a slip-and-fall lawsuit (if necessary): If your claim has been denied, you have limited time from the date of the slip-and-fall accident to file a lawsuit in court
Please be aware that lawsuits are expensive and challenging. Your trusted lawyer should be the one to advise you when and if to take that next step.
Challenges to meet
Keep in mind that, on paper, legal paperwork and procedures may sound easier than they could turn out to be in reality. Consider the following challenges common among government premises liability claims, for instance.
Your personal injury claim, when filed against a government entity, is likely to encounter complications involving:
- Jurisdiction: Lawsuits, including slip and fall cases, against the state or local government must be filed in specific courts, such as the New York State Court of Claims or the appropriate Supreme Court
- Sovereign immunity: Though the Federal Tort Claims Act allows you to sue the federal government, your legal rights under this statute are limited, restricting you to cases involving federal employees acting within the scope of their employment at the time of the incident where you were injured
- Comparative negligence: New York follows a rule of pure comparative negligence, meaning your compensation may be reduced based on your percentage of fault in the incident; thus, the other party will try to pin some of the blame on you, in all likelihood
- Documentation: You must keep thorough records of the incident, medical treatment, and any communication with government agencies
- Complex procedures: The process can be complicated, requiring strict adherence to timelines and legal requirements
- The burden of proof: You must demonstrate that the liable government entity was negligent in maintaining the property and that this negligence resulted in your injury; this will require substantial evidence
- Potential delays: Government investigations can take time, which may prolong your slip and fall claim
Understanding these steps and challenges can prepare you for the process of filing a claim with the Comptroller’s Office regarding a slip-and-fall incident that took place on government property. However, we at Hill & Moin LLP feel strongly, based on our experience, that you would benefit from a lawyer’s assistance.
That’s why our law firm warmly invites you to come speak to us before deciding how to proceed with your personal injury case. When you do have a valid claim, we may or may not take it on.
If there is another law firm we are connected with that would be better suited to handle your claim, then we will direct you to that firm. Because we want to see you succeed and come away with maximum compensation for your trouble.
Get Assistance to Maximize Your Compensation and Save Time
Not only will it take an experienced slip-and-fall attorney less time to put together a strong case for you, but handing over your legal case to a law firm you trust is well worth it. Statistics show that claimants who work with – or even get advice from – attorneys have a higher success rate than those who go without in small claims court; no case is too insignificant for a lawyer to get involved in.
Beyond that, the lawyers of Hill & Moin LLP have been lauded as the “lawyers in the family” by past clients, showing that you can feel sure we have your best interests at heart. We want to see you get as much money as you get.
With our contingency fee policy and free consultation offer, what do you have to lose from getting in touch with us? Call us at (212) 668-6000 or fill out the contact form here on our website to learn your Personal Injury Recovery SolutionsⓇ. Our representatives are standing by 24/7 to speak with you about your slip-and-fall on government property or any other personal injury cases of concern to you and your family.
Don’t wonder about your rights!