Rockaway Beach Slip and Fall Lawyer
From the danger posed by winter storms to the actions of negligent store clerks, the possibility of sustaining injuries in a slip and fall accident is all too common. Fortunately, New York has imposed certain maintenance laws on landowners to help ensure the safety of a property.
If you sustained injuries in a slip and fall, you should know that the ensuing litigation can be legally complex and exhausting. By contacting a Rockaway Beach slip and fall lawyer, you could learn what to expect and mentally prepare for the case ahead. A dedicated personal injury attorney could offer guidance from start to finish of your legal process.
Common Causes of Slip and Falls
Slip and falls are a category of personal injury case that often implicate premises liability rules. The injuries that occur in slip and fall cases can be extensive, often aggravating a pre-existing condition. Several dangerous premises conditions are common culprits when it comes to slip and falls, including:
- Ice and snow left unmaintained on sidewalks
- Spills left uncleaned in grocery stores
- Uneven surfaces on walkways
- Loose floorboards or carpeting
No matter the specific cause of the slip and fall, these accidents can result in severe injuries that require medical treatment and ongoing physical therapy. A knowledgeable slip and fall lawyer in Rockaway Beach could help explain the steps that plaintiffs must take to pursue compensation for these injuries.
Snow, Ice, and the “Storm in Progress” Doctrine
One of the most common causes of local slips and falls is the presence of snow and ice on sidewalks. These accidents can be a result of neglect to keep up with sidewalks after a storm or poor maintenance that results in a slippery surface. Regardless of the specifics, a slip and fall accident caused by ice or snow on a sidewalk likely entitles a plaintiff to file a premises liability claim.
Premises liability law seeks to hold landowners accountable for keeping their property in reasonably safe conditions to avoid injuring other people. Failing to properly maintain a sidewalk or other walkway is generally considered a violation of this legal duty.
However, New York has also adopted what is known as the “Storm in Progress” doctrine. This law is considered a defense that landowners might assert in a premises liability case involving injuries related to a storm.
The doctrine sets forth that, while landowners do have a responsibility to clear the walkways after a storm, that duty is temporarily suspended throughout the pendency of the storm. Therefore, if the injured party slipped on the walkway in the middle of the storm, this doctrine could prevent them recovering any compensation. This law might sound confusing, but a dedicated Rockaway Beach attorney could help plaintiffs navigate this doctrine during the process of filing a slip and fall claim.
Time Limits in a Slip and Fall Case
When choosing whether to pursue a lawsuit after a slip and fall accident, injured individuals should keep filing deadlines, known as statutes of limitation, in mind. If an injured individual fails to meet the time limit set forth by state law, they could forfeit their right to compensation. Because of this, victims of slip and fall accidents in Rockaway Beach should promptly contact a proactive lawyer to determine the timeline that applies to them.
In New York, the general statute of limitations for a slip and fall on private property is three years from the date of the accident. However, extenuating circumstances can result in shorter deadlines. For instance, A plaintiff might have less time to file their case if they fell on government property.
Contact a Rockaway Beach Slip and Fall Lawyer Today
Slip and fall accidents can result in unexpected medical expenses that strain your finances and put additional stress on you and your family. Thankfully, if your injury was caused by other person’s negligence, you might be entitled to seek compensation for your setbacks and losses.
A Rockaway Beach slip and fall lawyer could determine which expenses you could be compensated for and explain what to expect throughout a lawsuit. Reach out to our office to get started on your case.