Each year, many New Yorkers slip and fall on ice, rain, and snow-covered walkways. While many get back up and brush themselves off, others are not so lucky.
A slip and fall accident can cause serious injuries including lacerations, broken bones, neck and spinal trauma, and even death. If you are injured while walking on someone else’s property, you should first seek medical attention. Then, you need to contact a skilled Bronx premises liability lawyer.
Understanding New York’s Pure Comparative Negligence Rule
Imagine this scenario: You are walking down the street on your way to work when you suddenly slip and fall on a patch of snow and ice in front of a local pizzeria. Clearly, the pizzeria is at fault for failing to clear the property of ice and snow, right? While the pizzeria may be mostly at fault for your injuries, if you were engaging in a negligent behavior, the property owner may argue that you were partially at fault for the accident.
For example, if you were texting and walking, the defense may argue that while they are somewhat at fault, you should have been paying attention to where you were going. The state’s pure comparative negligence rule will affect how much compensation you may be entitled to recover for your injuries if your case goes to trial. If the court determines that you were 30 percent at fault for the accident, you will only be able to recover 70 percent of the damages awarded.
Even if your case does not go to trial, your settlement offer will still likely be affected by your level of negligence in the accident. After investigating your case, the insurance company may determine that you deserve less compensation because you were partially responsible for your own injuries.
To recover compensation for a slip and fall injury, you must first determine if you have grounds for a valid claim. In order to file a successful slip and fall lawsuit in the Bronx, one of the following must be true:
- The property owner must have caused the dangerous area or surface.
- The property owner must have known of the dangerous area’s existence and failed to remedy it.
- The property owner should have known about the dangerous condition because any reasonable individual would have discovered and repaired the hazardous area.
It is important to remember that you do not have unlimited time to file a premises liability claim. In New York, the statute of limitations for personal injury accidents is 3 years. This means you have three years from the date of your injury to file a lawsuit for compensation.
Contact an Experienced Slip and Fall Attorney in the Bronx
The Law Offices of Evan W. Kohn provides responsive, hands-on legal guidance for slip and fall victims in NYC. Call 718-409-5500 or contact us online today for a free initial consultation. Se habla español.