Queens Slip & Fall Accident Attorneys
Representing NY clients after slip and fall accidents
The walking surfaces of New York can sometimes be treacherous to navigate. Hazards are at every turn and a pedestrian can be injured even walking down his or her own street. If you slipped or tripped, you could be seriously injured, burdened by overwhelming medical bills, lost wages, and an impacted quality of life. If that injury was caused by someone’s negligence, you may be entitled to compensation. It is important to understand your rights. You may need to take legal action against a negligent party, and time is limited by the statute of limitations. These accidents can happen anywhere and at any time. If you need a law firm to represent your legal needs, contact The Law Offices of George Poulos for a free consultation.
How do slip & fall accidents occur?
People trip or slip every day. Not every injury is caused by negligence, but when it is, the injured party has a right to pursue damages (compensation) for the injuries. Some of the many hazards pedestrians face include:
- Weather conditions
- Problems with the pavement
- Poor lighting
- Substances and debris
Premises liability and slip & fall accidents
A property owner is responsible for the conditions of their property, and in New York City the owner of the abutting property is also responsible for the sidewalk, except where the property is an owner occupied one, two or three family home used exclusively as a residence, in which case the City may be responsible instead. This means that they should regularly inspect and maintain their property to protect passersby. If there is a hazard that can cause injury, they should fix it within a reasonable amount of time. When there is snow, ice, and standing water, a property owner needs to address the matter. In most cases, village, town, or city ordinances establish what constitutes a reasonable time after a storm to clean up snow and ice. If a property owner knew or should have reasonably known about an issue and did nothing to address it, your injury could be a result of their negligence. If you can prove negligence, you may be able to pursue legal action. In order to do that, you may need to collect evidence or have someone collect evidence on your behalf.
Collecting evidence
If you are seriously injured and believe that it was caused by the negligence of a property owner, you have to meet your burden of proof. This means that you need to prove your case by providing evidence.
Always get medical attention. Not only are you able to tend to your needs, it also documents the injury, the place of the accident, and the approximate time. If you are able, take pictures of the hazard and talk to witnesses. If you are unable to act for yourself, contact our firm to send someone immediately to collect evidence on your behalf. In many cases, the hazard that caused your injury will be addressed soon after. In the case of unattended snow and ice, nature can erase your evidence within hours. It is important to act quickly in these cases.
Contact an experienced slip & fall accident law firm
If you are seriously injured because of a commercial, private, or municipal property owner’s negligence, you must act fast. Especially when bringing a lawsuit against a municipality, your time is limited to file a Notice of Claim. If you need quality legal representation for a slip and fall accident, contact The Law Offices of George Poulos.
Who Is Responsible for a Sidewalk Fall in Queens or the Bronx?
Identifying the right defendant is the first question in any sidewalk case, and it changes your deadline. Under NYC Administrative Code 7-210, the owner of the abutting property is usually liable, as we explain further on our premises liability page. The exception matters here because owner occupied one, two and three family homes are common throughout Queens and the Bronx. If the home is owner-occupied, has three units or fewer, and is used only as a residence, the City may be the responsible party instead. That changes everything. A claim against the City requires a Notice of Claim served on the Comptroller within 90 days of your fall, and suit must be commenced within one year and 90 days. Against a private owner, you generally have three years. Missing the 90-day deadline can end a strong case before it starts.