New York City Slip/Trip & Fall Accidents
You’re from New York City so we can agree that the City it is always busy – chaotic; something is always happening given its huge population and pedestrian traffic. It never sleeps! Sidewalks and roads are uneven, cracked, or filled with holes; building lobbies are slippery with water or other substances; stairways are scattered with debris; ice patches accumulated in the winter —you name it. There’s a potential (because of failures of reasonable safety measures) where you can slip and fall or trip and fall and injury yourself at no fault of yours.
There are several doctrines however applicable to these types of cases, depending on the scenario:
- If it’s snowing/raining, there is the storm in progress doctrine, where an owner will generally not be held liable (at fault) for someone slipping on snow or ice from a storm while that storm is in progress;
- The notice requirement is crucial, where an owner needs to have actual or constructive notice of the defect.
- Contractual obligations may allow premises liability for an injury suffered by a third-party (someone not directly involved with the contract). There are specific situations when this rule/doctrine would apply, normally when a landlord and a tenant have made a contract that determines which of them bears primary liability for accidents in front of their premises.
Who is Responsible?
In premises liability cases, you also must consider the particular location where you injured yourself because the answer to that question determines the entity responsible for maintaining it. Notice that we wrote “particular location.” Yes, location accuracy is important, as it can make or break your case. You don’t want to be caught off-guard down the road (after the statute of limitations has expired) discovering that you had the wrong defendant as a result of the wrong location!
The particular location determines whether the City, the owner, the snow removal contractor, the maintenance companies, the security guard agencies, or any other entity is responsible for maintaining and/or supervising that area. For each type of entity, you must follow specific procedures to ensure that all of your rights under the law are preserved.
That’s why it is important to hire experienced NYC personal injury attorneys who are versed in the legal investigative process and know how to prosecute such claims. Michael Manoussos & Co PLLC has a proven track record.
Michael Manoussos & Co PLLC, a multi-million dollar advocate, offers free consultations to accident victims in New York.