Bronx & Westchester Slip & Fall Attorney
One of the most common accident types, a slip and fall can cause serious injuries to a victim. When a slip and fall accident occurs on another person’s property, though, a victim may be able to file a premises liability claim for damages. To start filing your claim today, consult with a Bronx & Westchester slip & fall attorney.
Causes of Slip and Fall Accidents
When a property is not maintained in a safe condition, those who enter the property may be at risk of a slip and fall accident. The most common causes of slip and fall accidents in Westchester County include:
- Icy surfaces;
- Lack of snow removal;
- Wet surfaces;
- Broken or uneven walking surfaces;
- Falling signage or debris;
- Broken stairs;
- Lack of handrails;
- Torn or uneven carpet; and
- Objects or debris in walkway.
A slip and fall accident caused by one of the above can result in serious injuries for the affected victim. Injuries may include broken bones, traumatic brain injuries (TBIs) and head injuries, internal injuries, and cuts and bruises. Our Bronx and Westchester premises liability attorneys can offer more information.
The Basics of Premises Liability
The basis of premises liability law asserts that a property owner has a duty of care to maintain his or her property in a condition that is reasonably free from hazards. If a hazard is known, a property owner is required to correct the hazard within a reasonable amount of time. If correcting the hazard within a timely manner is impossible, the property owner is required to post a notice of the hazard as a warning to those who may enter the property.
If a property owner does not maintain the property is a reasonably safe condition, or does not correct a known hazard or make the hazard known to those who may enter, then the property owner may be held liable for any harm caused to a person by the known hazard. All property owners are subject to premises liability laws, including the owners of private property, public property, and commercial property.
Damages Available in a Slip and Fall Claim
When a hazard on a property causes a slip and fall accident that results in damages, the victim can file a lawsuit directly against the property owner. In the course of the lawsuit, the victim will have to prove that:
- There was a hazard on the property;
- The property owner knew of the hazard;
- The property owner failed to correct the hazard within a reasonable amount of time; and
- The victim’s injuries would not have been sustained but for the hazard.
If the above can be proven, then the victim may recover economic and non-economic damages. Examples of these damages types include medical expenses, pain and suffering, cost of future medical treatment, lost wages, and mental anguish.
You must file a claim against a property owner in less than three years’ time after the date of your slip and fall accident. For claims against the government (for slip and fall accident that occur in public areas, such as a city-owned park), the time limit is different; you have 90 days to file a notice of claim, and one year to file a lawsuit, against a city in New York.
Take Action Now! Call a Bronx Slip and Fall Attorney
To help you prove the negligence of the property owner responsible for your slip and fall accident, contact the experienced Bronx, Westchester, and Westchester slip and fall attorneys at Cavallo & Cavallo. A consultation with our legal team is always free, and we promise to fight hard to get you the compensation you deserve. Call us today at 914-235-8500 to set up your first appointment.