New York’s Trip, Slip & Fall Attorney

New York Premises Liability Law: Trip, Slip, and Fall Accidents

New York premises liability law holds property owners, managers, and occupiers accountable for ensuring the safety of their premises, particularly in cases involving Trip, Slip, and Fall accidents. In New York, these cases fall under the broader scope of negligence law, with property owners legally obligated to maintain reasonably safe conditions on their property to prevent foreseeable injuries to lawful visitors. Failure to do so could make them liable for any resulting harm to slip-and-fall accident victims.

Proving Negligence in New York Trip, Slip, and Fall Cases

To succeed in a Trip, Slip, or Fall case, an injured party (plaintiff) must establish the following elements of negligence:

1. Duty of Care: New York law requires that property owners owe a duty of care to individuals legally on their property. This duty varies depending on the visitor’s status, with the highest duty owed to invitees (e.g., customers in a store) and a lesser duty to trespassers.
2. Breach of Duty: The plaintiff must show that the property owner breached this duty by failing to maintain safe premises. This might include neglecting to clean up spills, repairing broken stairs, or warning of known hazards like slippery floors or icy walkways.
3. Actual or Constructive Knowledge: The law requires proof that the property owner knew or should have known about the dangerous condition that led to the injury. “Actual knowledge” means the owner was directly aware of the hazard. “Constructive knowledge” means the condition existed long enough that the owner should have reasonably discovered and addressed it.
4. Causation: It must be shown that the breach of duty directly caused the injury. In Trip, Slip, and Fall cases, the hazard must be shown as the direct cause of the accident.
5. Damages: Finally, the plaintiff must prove that they suffered actual damages resulting from their slip and fall injury, such as medical bills, lost wages, pain, and suffering.

New York Statute of Limitations for Trip, Slip, and Fall Claims

In New York, a Slip, Trip, and Fall case must generally be filed within three years from the date of the accident. With that said, if the case involves a government entity or public property, shorter deadlines and specific notice requirements may apply, usually requiring action within 90 days.

Defenses Commonly Used by Property Owners

Property owners and their insurers may employ defenses to limit or escape their liability, including:

• Comparative Negligence: New York follows a “pure comparative negligence” rule, meaning that if the injured party is found partially at fault for the accident (e.g., distracted walking), any damages awarded are reduced by their percentage of fault.
• Open and Obvious Condition: Property owners may argue that the hazard was open and obvious to a reasonable person, thus eliminating the duty to warn about it.
• Lack of Notice: Owners may claim they lacked actual or constructive knowledge of the dangerous condition, making it unreasonable to hold them accountable.

Serious Trip, Slip, and Fall Hazards in New York

Property owners in New York are responsible for addressing common hazards that can cause Slip, Trip, and Fall accidents. Seasoned and highly capable Trip, Slip, and Fall accident lawyers can hold them liable for a fall injury claim on your behalf for any of the following hazards that led to your injuries:

• Wet or Slippery Floors: Especially in areas exposed to rain, spills, or cleaning agents, which can create dangerous conditions for everyone.
• Uneven Surfaces: Cracked sidewalks, broken tiles, or poorly maintained walkways can significantly increase the risk of serious falls and injuries.
• Loose Carpeting or Rugs: Loose or folded rugs can create serious tripping hazards that can catch unsuspecting individuals off guard.
• Poor Lighting: Dimly lit areas can make it exceedingly difficult for individuals to see and avoid obstacles that may be hidden in shadows.
• Snow and Ice: Property owners must take reasonable measures to clear sidewalks and walkways in winter months to prevent slip and fall accidents.
• Obstructed Walkways: Obstacles like boxes, wires, or debris can obstruct paths and cause trips, potentially leading to painful injuries for passersby.
• Broken or Missing Handrails: Staircases or ramps without secure handrails can be extremely hazardous, especially for elderly or disabled individuals.
• Potholes or Depressions in Parking Lots: Uneven surfaces in parking areas can cause trips or falls, particularly when poorly marked or hard to see in dim lighting.
• Loose or Missing Floor Tiles: Missing or wobbly tiles can catch a person’s foot, leading to falls and injuries.
• Cluttered Stairwells: Items left on stairways, such as packages, trash, or maintenance equipment, pose serious tripping risks.
• Water Leaks and Dripping Ceilings: Persistent leaks can lead to puddles or damp areas, increasing the likelihood of slips, especially in entryways or hallways.
• Transition Between Floor Types: Sudden changes from carpet to tile or hardwood, without clear markings, can disrupt footing, leading to slips.
• Elevator or Escalator Malfunctions: Sudden stops, jerky movements, or uneven leveling in elevators can lead to falls as people enter or exit.
• Damaged or Unsecured Floor Mats: Entryway mats can become folded or displaced, leading to tripping hazards if not properly secured.
• Tree Roots or Uneven Sidewalk Edges: In outdoor areas, exposed tree roots or raised edges in sidewalks can create unexpected tripping points.
• Improperly Installed Cables or Wires: Cables left trailing across floors or walkways, especially in retail or office spaces, can pose hidden hazards for those walking through.

Locations Where Trip, Slip, and Fall Accidents are More Frequent in New York

In the experience of slip and fall lawyers, these are some of the locations in New York where Trip, Slip, and Fall accidents commonly occur:

• Sidewalks and Curbs: Uneven, cracked, or icy sidewalks are a leading location for falls, particularly in high-traffic areas.
• Public Transportation Stations: Subway platforms, staircases, and entryways often have wet or slippery floors, particularly during rain or snow.
• Retail Stores and Shopping Malls: Spills, wet floors, and cluttered aisles in stores and malls can pose significant hazards to shoppers.
• Parking Lots and Garages: Poor lighting, potholes, and wet or icy surfaces in parking facilities create prime conditions for slips and falls.
• Office Buildings: Lobbies, hallways, and stairwells in office buildings are common places for accidents, often due to poor lighting or loose floor mats.
• Apartment Complexes: Shared hallways, staircases, and laundry rooms can present risks if not regularly maintained by building management.
• Restaurants and Bars: Spilled food or drinks, combined with crowded spaces, make restaurants and bars prone to slip and fall incidents.
• Hotels: Wet floors near pools, spas, and bathrooms in guest rooms are common hazards in hotels, especially when safety mats are absent.
• Hospitals and Medical Facilities: High-traffic areas, like waiting rooms and hallways, can be accident-prone, especially with the presence of wheelchairs, IV poles, and other equipment.
• Parks and Recreational Areas: Uneven paths, muddy or icy trails, and poorly lit areas in parks create trip and slip hazards for visitors.
• Schools and Universities: Hallways, cafeterias, and staircases in educational institutions can present hazards, particularly if spills, clutter, or damaged flooring go unaddressed.
• Construction Sites and Surrounding Areas: Construction zones can pose risks to pedestrians due to uneven surfaces, tools left in walkways, or temporary structures creating obstacles.
• Museums and Galleries: These spaces often have polished floors, ramps, and staircases, which can be slippery or poorly lit, leading to falls for visitors.
• Gyms and Fitness Centers: Wet areas around showers, pools, and locker rooms, as well as loose gym equipment, can easily cause slip-and-trip accidents.
• Movie Theaters and Entertainment Venues: Dim lighting, spilled drinks, and cluttered seating areas in theaters and concert halls increase the risk of tripping hazards for patrons.

Get the Leading New York Trip, Slip and Fall Attorney on Your Side

If you or a loved one has suffered a Trip, Slip, or Fall accident—turn to Bruce Glickman, Esq., a seasoned partner in our Personal Injury Department at Levine & Blit. With over 36 years of experience in complex premises liability cases, Mr. Glickman has a proven track record of achieving multi-million dollar verdicts and settlements for his clients. His extensive litigation experience in New York courts and his role as Supervising Attorney in multi-jurisdictional cases strongly positions him to fight for the largest possible compensation you deserve. Call Bruce Glickman directly at (516) 987-8790 for a free case evaluation. Our firm is available 24/7, and we also speak Spanish.