From Public Transit to Private Property: New York Slip and Fall Lawyers Cover All Grounds
From Public Transit to Private Property: New York Slip and Fall Lawyers Cover All Grounds
After a slip-and-fall, you might start taking steps to seek damages and feel confident in achieving legal reparation. However, be aware that slip-and-fall accident cases in New York depend on foreseeability. What’s more, the liable party in yours may turn out to be a different entity than you might expect.
This matters because your time is limited. When your slip and fall case is against the owner of a private property, you may have more time to start legal action against the liable party than you would against the Metropolitan Transportation Authority (MTA). When your legal action is against the MTA or a government entity such as the New York City Department of Transportation (NYC DOT), there are very strict laws limiting your right to file a claim.
If you have slipped, tripped, or otherwise fallen on someone else’s property, you cannot afford to waste your precious hours trying to identify the responsible party on your own. Rather, you need slip-and-fall lawyers with the jurisdiction and experience to look into your New York fall accident, determine who is liable for what happened, and file the necessary paperwork – all before your time runs out.
Common Slip-and-Fall Hazards in Most Places
Even if you believe your slip-and-fall mishap resulted in only minor injuries, we urge you to speak to a fall lawyer who can tell you whether or not you have a case. Even if how the accident happened seems like an everyday, unavoidable occurrence, it could be that you are facing both serious injuries and a potentially life-changing legal case.
The New York City slip and fall, lawyers of Hill & Moin LLP, want you to know that even some of the biggest fall accident cases arise from the most common of hazards.
Consider the following dangers that could arise in most environments:
- Loose mats and rugs
- Obstructions in walkways or stairways
- Poor lighting
- Poor maintenance
- Ramps
- Stairs
- Uneven or slippery surfaces
- Weather conditions such as rain, wet leaves, snow, and ice
How a Personal Injury Lawyer Can Help You With Any Slip-and-Fall Accident
When you don’t know where to turn, you need an empathetic attorney with whom you feel comfortable relating your experience and concerns.
Slip and fall attorneys can, at the very least, give you reliable advice and solid options. Generally, personal injury law firms offer a free consultation to any prospective client and may refer your case to a more suitable law firm when appropriate.
When the personal injury attorneys of Hill & Moin LLP take on your case, you can be sure that we feel confident in attaining a settlement or court victory for you. Why?
Because we want any and all clients to be able to afford the legal services they need – that is everyone’s right. Thus, we not only offer you a free consultation but also to handle your case on contingency. This means that we go unpaid if we lose your case.
Our goal for you is to attain maximum financial compensation. From there, we only take a percentage out of your settlement or court award so that both sides are satisfied – we are paid for a job well done, while you never had to pay us out of your own pocket.
Depending on whether your slip-and-fall accident occurred at work, on private property, on public transit, or in an area under government control, your legal claim might be more complicated compared to other fall accident cases.
Now, let’s break down the differences between these premises regarding New York personal injury claims.
At work or on a construction site
Did you fall at work? Depending on the specific factors of your case, you may have to file a workers’ compensation claim or a premises liability claim.
It’s better to call us than to suffer in silence. Don’t worry – regardless of your immigration status, you have rights under workers’ comp law to receive fair compensation for your injuries.
In many secular settings, elevators, ramps, and cluttered work areas might cause you to trip. Tools or other equipment strewn about can increase the risk.
Whether you fall on a construction site or inside an office building being remodeled, there are sure to be compounded risks of slipping and falling in such an environment. These include:
- Debris in walkways
- Improperly placed cones and barriers
- Inadequate fall protection
- Insufficient warning signs
- Lack of training
- Liquid spills
- Scaffolding problems
- Uneven pavement
If you fell on a construction site as a worker or visitor, come talk to the New York City slip and fall attorneys of Hill & Moin LLP. Our attorneys are experienced in handling a wide range of construction site slip-and-fall accidents. Rest assured, our attorneys will know how to approach your unique case.
On private property
Since slip and fall personal injury cases come under an area of law called premises liability, private property cases across New York come down to one question: Could the property owner have foreseen the serious injury occurring?
This rule of New York’s differs the state from others because liability here depends on a single standard of care. Even if the injured party was not supposed to be there (such as a robber or trespasser) – the property owner can only be held liable for serious injury if he or she could have foreseen the risk and yet failed to fix the problem within a reasonable period of time.
When such circumstances lead to harm, you will typically have up to only a few years to file your personal injury claim and recover compensation. To find out how much time you have left, consult a personal injury lawyer familiar with the current laws applicable to your case.
On business property and most sidewalks
The same rule of foreseeability applies to all local premises liability cases – even when you fell on property maintained by a company – or even on a sidewalk. In the New York City Administrative Code, you will find the unique sidewalk law dictating that the owner of the property “abutting” (being adjacent or connected to) the sidewalk is responsible for keeping that part of the sidewalk safe for passersby or property visitors.
Similar to other private property cases, you may have a few years to file unless your case is an exception to the rule. It’s possible that the sidewalk is considered to be government property or that another factor further limits the time allowed.
On public property maintained by the government
Did you trip on a public sidewalk? Did you slip when boarding, traveling on, or getting off the Staten Island Ferry? Since the NYC DOT operates that line, you may have a slip-and-fall accident against a government entity in either case.
Or do you? Regarding the foreseeability of injury, our state law is very clear on the matter. A governmental agency must have received written notice of the dangerous condition that caused your fall within a specified number of days before the incident. Otherwise, you will not be able to file against that party.
Further, when the municipality or another government entity is liable, you may have a surprisingly short time on your hands to get your legal case rolling.
Strict deadlines will apply to the following meticulous steps, according to the Comptroller’s Office:
- Filing a notice of claim with the Comptroller’s Office
- Settling the claim within the time allowed
- Waiting a specified number of days after filing a notice of claim to file a lawsuit
- Filing the lawsuit within the time allowed
Clearly, when you have been hurt in a public area, such as a park, library, playground, or road, there is little time to waste. You may have only days left to file your notice of claim, but a lawyer can make the process easier for you.
On or involving public transit
Not all public transport liability claims will arise against the government. Did you know that the MTA, operating the subway and bus system in NYC and certain rail lines beyond, is a corporate entity?
It has been reported that 15 percent of known subway-track incidents in 2022 were either slip-and-falls or medical emergencies. Even if there were extenuating circumstances leading to your fall, such as a medical condition or your own negligence, you may still have a case against the New York City transit authority responsible for maintaining the property where you fell.
For instance, were you wearing inappropriate footwear at the time you fell? This may be a factor, but under New York’s comparative fault laws, liability can be shared without entirely barring you from recovery. This means that even slip-and-fall accident victims who share 1 percent of the blame may still be able to receive 1 percent of the damages they suffered.
Suppose, for instance, that any of the following was a contributing factor to your accident. If so, your fall attorney can clarify whether the MTA or another entity may be liable:
- Defective access panels
- Improper snow and ice removal
- Inadequate lighting in subway tunnels
- Malfunctioning escalators or elevators
- Malfunctioning train or bus doors
- Poorly maintained pipes and fixtures that leak slippery liquids
- Poorly maintained platform surfaces
- Poor signage around train platforms
- Raised sidewalk gratings
- Sidewalk vaults
- Train derailments or sudden starts or stops
- Turning at excessive speeds
Remember, it matters who operates the entity in charge of the premises where you slipped and fell. The MTA may be separate from the city and state, but you still have to file a notice of claim in advance of taking legal action against them – similar to government liability claims.
So when you don’t know who is liable for your damages, how to file a personal injury claim, what deadlines and paperwork may be involved, or where to turn, call Hill & Moin LLP.
Not only does our law firm serve all of New York State, but we also have a wide-reaching network of lawyers who we trust. Thus, even when we are not suited to handle your case, we can refer you to the right fall attorneys for you.
How New York Slip and Fall Lawyers Can Maximize Your Settlement
Don’t let the hidden costs of slip-and-fall injuries upend your life. It pays to think about what you need – even long term – by taking the following steps:
- Seeking medical attention: Rather than letting disguised injuries catch you off guard, make sure to see a doctor as soon as possible after your fall. Doing so (1) helps link your physical condition to the event in case of filing a legal claim, (2) ensures serious injuries are discovered before it’s too late, and (3) brings you peace of mind. Your slip and fall lawyer can even direct you to doctors who can give you the treatment or evaluation you need.
- Calculating the full financial impact: A slip and fall lawyer will be able to calculate the life-long cost of the accident that caused your injuries. He or she will leave no stone unturned in totaling up fair compensation on your behalf. You may be able to pursue damages you didn’t think of, such as the costs of getting to your physical therapy appointments and other medical expenses, long-term prescription medications, or unavoidable job changes and lost wages.
- Considering emotional damages: Adding up the medical bills, lost wages, and other financial repercussions of your fall may not be enough to ensure you are compensated fairly. An experienced slip and fall lawyer knows this and will not overlook the emotional and psychological impact of a serious injury.
Whether the fall accident took place on public or private property, your case will fare better when you work with experienced personal injury attorneys.
Get Affordable Assistance With Any Slip-and-Fall Accident Case
Even if you are unsure whether or not you want to file a legal claim regarding your slip-and-fall, we recommend that you at least speak with a slip-and-fall claims attorney before deciding not to proceed, speaking to an insurance adjuster, or taking any other steps forward.
This decision could be life-altering for both you and your family. That’s why we at Hill & Moin LLP aim to give anyone and everyone hope for the hardships they are experiencing. Come talk to us during a free consultation where we can assess your case and answer your questions.
At our personal injury law firm based in New York City, we aim to give fall victims an experience that makes them come away saying that working with us feels like having “lawyers in the family.” Some of our clients over the years have said that because we show each and every one that we care about them, their well-being, and their financial recovery.
So don’t be shy – schedule an appointment with our New York City slip and fall attorneys to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 today.
Don’t wonder about your rights!