Roosevelt Slip and Fall Lawyer
Slips and falls are among the most common accidents that can result in personal injury. However, just because the accident occurs while on another’s property does not automatically mean that the property owner is responsible.
New York’s laws concerning slip and fall liability accidents are complex, but a Roosevelt slip and fall lawyer can guide clients throughout the process. A distinguished personal injury lawyer can apply the law to your case to obtain the fair compensation that you deserve.
New York Slip and Fall Laws
Perhaps the most important portion of the law as it deals with slip and fall accidents is the statute of limitations. This is a time limit placed on all plaintiffs that they must meet if their case is to be successful.
New York Civil Practice Rule 214 gives all personal injury cases only three years from the date of the accident to be filed in court. If this time limit expires, the case will not be heard in any court. Therefore, if the incident occurred more than three years ago, the plaintiff will have no remedy. That is why it is vital for injured parties to get in touch with a skilled Roosevelt slip and fall attorney that can help them file a claim.
Elements of the Cause of Action
In order to win a slip and fall case, the plaintiff must satisfy all of the elements of the cause of action. Slips and falls are grouped into the category known as premises liability. This cause of action requires that a plaintiff prove:
- That they had legal cause to be on the property at the time of the accident
- That there was a dangerous condition that caused an injury, and
- That the property owner knew of the condition and did not fix or warn the plaintiff about it
Importance of Permission to Be on the Property
In order for a person to be legally on the property, they must be invited. This invitation may be implied, such as where a store is open for business, or be expressly given, such as receiving an invitation to a house party.
People may also legally be on property if they have a legitimate business purpose, such as mail carriers or delivery men.
If the injured person does not have permission to be on the land, they are considered a trespasser. Trespassers are afforded legal protection only from intentionally placed dangers, such as booby traps.
The most often contested portion of a slip and fall case is whether the property owner knew, or should have known, about the hazard. In cases that center on slip and fall accidents in a store, evidence can include surveillance video, incident reports or employee testimonials.
When the accident occurs on private property, it can be much more difficult to prove that a slippery floor was noticed by the owner prior to the accident.
A Roosevelt slip and fall lawyer can work diligently to discover all of the evidence in these cases to provide individuals with the best possible chances of proving the property owner’s negligence.
How a Roosevelt Slip and Fall Attorney Can Help
Slip and fall accidents may seem like straightforward cases. After all, it is the owner’s responsibility to ensure that the land is safe for visitors. However, any number of circumstances can quickly complicate a slip and fall case.
Roosevelt slip and fall lawyers can work to cut through the uncertainty and determine the truth of the case.
Slips and falls can result in severe, life-changing injuries. Many times, the property owner will be legally liable to compensate the injured party. Let a slip and fall attorney work with you to hold the at-fault party responsible for their negligence.