Saratoga Springs Slip and Fall Accident Lawyer
A slip and fall accident can leave you unable to work, care for your family, or keep up with the life you had before the accident. If a property owner’s negligence caused you to fall, you may be entitled to compensation for the harm you have suffered. Our Saratoga Springs slip and fall accident lawyers are here to help you understand your options and pursue the results you need to rebuild your life.
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Office Location
Saratoga Springs Office
18 Division St Suite 413,
Saratoga Springs, NY 12866
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On This Page
- Why Choose Us After a Slip and Fall Accident?
- New York Laws That May Affect Your Saratoga Springs Slip and Fall Claim
- Who May Be Liable for Your Slip and Fall Injuries?
- Common Slip and Fall Injuries and Hazards in Saratoga Springs
- What Compensation Can You Recover After a Slip and Fall in Saratoga Springs?
- Frequently Asked Questions About Slip and Fall Cases in Saratoga Springs
- Get Trusted Help From Our Saratoga Springs Slip and Fall Accident Lawyers
At Harding Mazzotti, LLP, we offer the resources of a large regional firm while remaining accessible throughout your case. Our team serves injured people across Saratoga County from our office located right here in Saratoga Springs. Call 800-529-1010 or contact us online for a free consultation about your next steps.
Why Choose Us After a Slip and Fall Accident?
Our team has fought for injured people throughout Upstate New York for more than 30 years. In that time, we’ve recovered over $1 billion in settlements and verdicts and received more than 2,000 five-star reviews from our clients.
With 40+ attorneys and 120+ support staff, we have the resources to stand up to property owners and the powerful insurance companies behind them. Our aggressive advocacy has earned us the title of The Heavy Hitters®. We balance this results-focused approach with client-centered support and a genuine investment in our communities through initiatives such as our free bicycle helmet giveaway.
Our Saratoga Springs office is located at 18 Division Street, Suite 413, so it’s easy to meet with our team close to home. We also offer 10 appointment centers across the region, and our legal team offers 24/7 availability. Your consultation is always free, and we charge no fees unless we recover compensation for you.
Do you have a case? Get your free consultation now.
You can call us at 1-800-LAW1010 or fill out a form. Even if you’re unsure if you have a case, our team is here to help you discuss your legal options at no charge.
New York Laws That May Affect Your Saratoga Springs Slip and Fall Claim
Several state laws can impact your ability to recover compensation after a slip and fall injury in Saratoga Springs. Calling our lawyers soon after your accident can help you protect your right to a fair recovery.
Statute of Limitations
New York has a three-year statute of limitations for most slip and fall cases. Under this law, you have three years from the date of your fall to file a personal injury lawsuit. If you lost a loved one because of a slip and fall accident, the personal representative has two years from the date of death to file a wrongful death lawsuit. If you miss the filing deadline, you will be barred from recovering compensation.
Shorter Deadlines for Government Claims
The filing deadline may be much shorter if your fall happened on public property maintained by the government, such as in Congress Park, on a public sidewalk, or in a county-owned building. Before you file a lawsuit against a city or county, you must first submit a formal notice of claim with the responsible entity within 90 days of the fall. You’ll also have just 1 year and 90 days from the date of the slip and fall accident to file a lawsuit.
Separate from these post-accident deadlines, Saratoga Springs requires prior written notice in cases involving defective sidewalks. In many cases, you may only hold the city liable if they received written notice of the hazard before your fall, they had a reasonable opportunity to repair it, and failed to repair it.
Pure Comparative Negligence
Under New York’s pure comparative negligence law, you can still recover compensation even if you were partially responsible for your fall. However, your recovery will be reduced by your percentage of fault.
This rule is more lenient than many other states. For example, Vermont and Massachusetts don’t allow an injured person to recover compensation if they’re more than 50% at fault.
Because of this rule, insurance companies often try to shift blame onto slip and fall victims. They may argue that you were distracted, wearing inappropriate footwear, or ignored an obvious hazard. Those arguments may reduce your compensation, but they don’t necessarily prevent financial recovery.
Who May Be Liable for Your Slip and Fall Injuries?
To recover compensation after a slip and fall accident, you must prove that someone else is liable for your injuries. Liability for a slip and fall often depends on who controlled the property or was responsible for maintaining the property where the accident happened. Depending on the circumstances, potentially liable parties may include:
- A private property owner
- A government entity
- A commercial tenant or business operator
- A property management company
- A landlord
- A snow and ice removal contractor
- A maintenance or repair contractor
- A cleaning company
If you fell at work, you may be eligible for workers’ compensation benefits. This system prevents you from suing your employer, regardless of whether they’re at fault. However, you may have the right to file a separate third-party lawsuit if someone other than your employer contributed to the dangerous condition.
Proving Negligence in a Slip and Fall Claim
A successful slip and fall claim requires evidence of negligence. This means showing that a dangerous condition caused your fall. You also have to prove that the responsible party either knew or should have known about the dangerous condition and failed to correct it, causing your injury.
There are two ways to establish whether the responsible party had a reasonable opportunity to address the hazard. You can show they had actual notice, which means they learned about the condition directly, such as when a customer reported it. You can also prove they had constructive notice, which exists when the hazard was clearly visible or existed long enough that an inspection would have uncovered it.
Timing is especially relevant in slip and fall cases involving winter weather. Under New York’s storm-in-progress rule, property owners do not have a responsibility to clear snow or ice while a storm is still underway. Once the storm ends, they must address the accumulation within a reasonable amount of time.
Evidence That Can Support a Slip and Fall Claim
Proving negligence requires a clear picture of the events that happened before, during, and after your fall. Photos and surveillance footage can document the existence of the hazard. Inspection records, maintenance logs, written reports, and witness statements may help establish how long the hazard was present and whether anyone had an opportunity to correct it.
This evidence can disappear quickly, as the property owner may eventually repair the dangerous condition or allow the surveillance footage to be overwritten. When you turn to our Saratoga Springs slip and fall accident attorneys, we’ll conduct a prompt investigation and preserve the evidence necessary to support your claim.
Common Slip and Fall Injuries and Hazards in Saratoga Springs
People often underestimate the damage a slip and fall accident can cause. While some falls cause sprains or strains with quick recoveries, many victims suffer life-altering injuries, such as broken bones, traumatic brain injuries, and spinal cord damage. The hazards behind these accidents vary greatly, but many involve a property owner’s failure to maintain safe premises for visitors.
Where Do Slip and Fall Accidents Happen in Saratoga Springs?
During winter in Saratoga Springs, ice and packed snow can create a risk of slipping on Broadway sidewalks and downtown parking lots. The city’s historic brick and slate walkways may also be uneven, creating tripping hazards in heavily traveled areas.
Floors can also become wet and congested along the Caroline Street bar-and-restaurant corridor. Busy events can create similar conditions at the Saratoga Race Course and the Saratoga Performing Arts Center.
Falls may also occur on walkways and steps in Congress Park or Saratoga Spa State Park, as well as in retail entryways and parking lots along Route 50 near Wilton Mall. Many common hazards can contribute to falls in these areas, including poor lighting, freshly mopped floors, spilled drinks, missing handrails, cracked pavement, and cluttered walkways.
What Compensation Can You Recover After a Slip and Fall in Saratoga Springs?
If you’ve been injured after slipping and falling on someone else’s property, we can help you pursue compensation for the injury’s full impact on your life—even if the insurance company tries to reduce your award under New York’s comparative negligence law. Depending on your losses, you may be entitled to recover:
- Economic damages: These reflect your financial losses, including past and future medical expenses. Fair compensation will also reflect the income you likely would have earned had you not been injured, including any predictable increases in earnings during Saratoga Springs’ busy track and tourism season.
- Non-economic damages: These compensate you for the ways your injury has affected your quality of life, such as pain and suffering, emotional distress, and loss of enjoyment of activities you previously participated in.
If your loved one passed away because of a slip and fall accident, you may be eligible to recover compensation from a wrongful death claim. Damages available in these cases often involve funeral expenses and lost financial support.
Frequently Asked Questions About Slip and Fall Cases in Saratoga Springs
Here are our answers to some of the most common questions we receive from slip and fall victims in Saratoga Springs.
How Long Do I Have to File a Slip and Fall Claim in Saratoga Springs, NY?
In most cases, you have three years from the date of the accident to file a slip and fall lawsuit in Saratoga Springs, unless your accident happened on government property. Wrongful death lawsuits have a deadline of two years from the date of death.
What if I Fell on a City Sidewalk in Saratoga Springs?
If the city government is responsible for your slip and fall accident, you must submit a notice of claim within 90 days and file your lawsuit within 1 year and 90 days. Additionally, Saratoga Springs may only be liable for a sidewalk hazard if it received written notice of the hazard before the fall.
Can I Still Recover Compensation if I Was Partly at Fault?
Yes, New York allows you to recover compensation even if you were partially responsible for your slip and fall. However, your award will be reduced according to your percentage of fault.
What Does It Cost to Hire a Slip and Fall Lawyer?
You pay nothing up front to hire our attorneys. We work on a contingency fee basis, meaning our fee is a percentage of the compensation we recover for you.
Get Trusted Help From Our Saratoga Springs Slip and Fall Accident Lawyers
Our legal team at Harding Mazzotti, LLP is available to our clients 24/7. We are ready to pursue the compensation you deserve after a slip and fall accident. Learn more about your rights and options with our Saratoga Springs personal injury lawyers. Contact us through our website or by calling 1-800-529-1010 to schedule a free consultation at one of our convenient office locations.
