You can sue for a slip and fall accident if someone else’s negligence caused it. However, not every fall will lead to a lawsuit. Your potential case depends on whether a property owner failed to fulfill their legal duty to keep the premises reasonably safe. Working with an experienced slip and fall lawyer can help you determine how the fall occurred and who can be held legally responsible.
When Can You Sue for a Slip and Fall Accident?
You may have grounds to sue for a slip and fall accident when a property owner either knew or should have known about a hazard, failed to fix the issue or warn you, and you fell as a result of that hazard. To prove this, you must establish these core elements of negligence:
- Duty of care: A property owner had a legal obligation to keep their premises reasonably safe for you.
- Breach of duty: The property owner failed to provide a hazard-free environment.
- Causation: The unsafe property condition directly caused your fall.
- Damages: As a result of the fall, you were left with injuries and damages.
A valid legal claim requires proof of negligence. If you tripped over a marked curb or slipped on a wet floor during a sudden storm before there was reasonably enough time to clean it up, it might be considered an unfortunate accident in which no one was legally responsible.
Proving the Property Owner Was Negligent
Proving negligence requires showing the property owner had actual or constructive notice of the danger. Actual notice means they knew about the hazard because someone explicitly told them or they saw it themselves. Constructive notice means the hazard existed for so long that they reasonably should have discovered and fixed it.
Reaching a successful resolution in these cases relies heavily on strong physical evidence. Key evidence that can help prove the property owner was negligent includes:
- Scene photos
- Official incident reports
- Surveillance footage
- Witness statements
- Local weather records
Because property owners can quickly clean up spills, patch holes, or shovel snow, crucial evidence can disappear quickly. The steps you take after a slip and fall accident can help preserve time-sensitive evidence and protect your right to pursue damages.
Who Can You Sue After a Slip and Fall?
Determining who is liable in a slip and fall accident hinges on who controls the property. Depending on where and why you fell, you can potentially sue the following parties for negligence:
- Property owners
- Commercial businesses
- Landlords
- Property management companies
- Snow and ice removal contractors
Premises liability laws recognize that multiple parties can share liability for a single slip and fall accident. For example, if a grocery store manager ignores a leak and the building owner fails to maintain the roof, both may share the legal responsibility for your injuries.
Our attorneys will carefully investigate what happened to identify who is responsible for your slip and fall accident. If multiple parties share fault, it’s possible to claim compensation through each party’s available insurance policy, helping to maximize your financial recovery.
What if the Fall Was Partly Your Fault?
Under New York’s pure comparative negligence rule, you can still recover some compensation even if you’re partially responsible for your slip and fall accident. Rather than being barred from recovering compensation, the final amount awarded is proportionately reduced by your percentage of shared fault.
For example, if a jury determines your total damages are $100,000 but finds you 20% responsible because you were distracted by your phone, you would still recover $80,000.
Neighboring states have much stricter negligence laws. Both Vermont and Massachusetts use a modified comparative negligence rule that bars financial compensation if you are 51% or more at fault for your accident. This means you cannot recover damages if you’re found mostly responsible for the accident in these states.
How Long Do You Have to Sue for a Slip and Fall in New York?
In New York, you generally have a strict three-year deadline from the date of the accident to file a personal injury lawsuit. However, if you happen to fall on public property or land owned by a city, county, or state government entity, you must typically file a formal Notice of Claim within just 90 days of the accident.
Missing these strict legal deadlines means losing your right to seek compensation, no matter how severe your injuries are or how clear the owner’s fault seems to be. Speak with an experienced lawyer right away to see what deadline applies to your case and how you can move forward with a lawsuit.
What Can You Recover in a Slip and Fall Lawsuit?
Taking legal action after a slip and fall accident allows you to pursue different types of compensation for the full impact of your injuries. You can seek economic damages to cover measurable financial losses, including medical bills, lost wages from missed work, and other out-of-pocket expenses.
You can also recover non-economic damages, which address personal or subjective hardships caused by your fall. Examples include physical pain, emotional distress, and permanent scarring.
Additionally, if a tragic fall results in a fatal injury, it’s possible for family members to pursue a wrongful death claim and seek justice for their loss. Our team helps families file lawsuits to recover damages that can help protect their financial stability and future.
Talk to a Slip and Fall Lawyer at Harding Mazzotti, LLP
If a serious fall has left you facing medical expenses, physical pain, and uncertainty about your future, let our experienced team fight for the compensation you deserve. Known as The Heavy Hitters®, Harding Mazzotti, LLP has recovered over $1 billion in case results for injury victims, providing the resources of a large firm with the focused attention of a smaller practice.
One quick call could fix it all. We are available 24/7 to listen to your story, answer your slip and fall accident questions, and help you understand your legal options. Call 800-529-1010 or contact us online to schedule your free case evaluation. If you decide to work with us, our No Fee Policy means there are no upfront fees, and you owe us nothing unless we secure compensation for your claim.
