Valley Stream Slip and Fall Lawyer
When a slip and fall accident occurs, it is most often on property that is owned by someone else, usually either an individual, a business, or the government. In many cases, the tumble could have been prevented if only the property owner maintained a clean and safe condition for all visitors.
When the property has not been properly maintained, a person who has been injured in a premises liability incident could sue the owner for their injuries. If you or a loved one tripped on another’s property and sustained an injury, a Valley Stream slip and fall lawyer can help you hold the reckless part accountable. Reach out to an experienced personal injury attorney to discuss your case for compensation.
Property Owner’s Duty of Care
Valley Stream property owners owe all visitors entering their property a duty of care to ensure they will be safe while on the property. However, a premises owner’s duty depends on the reason the visitor is on the property. There are three classes of visitors to a property in a slip and fall claim.
Visitors that have entered the property at the request of the owner or occupier of the land are owed the highest duty of care. These visitors are known as invitees. They are likely customers to a business or residents entering a city property such as a public park.
Visitors that are not on a property to conduct business but have still been invited by the property owner and have permission to be there are considered licensees. Licensees are still owed a duty of care by the property owner, but that standard of care is not as high as it is for invitees.
Trespassers are those on the property without the owner’s permission. While a property owner cannot willfully harm trespassers, they do not owe them a duty of care to keep their property safe from hazards.
It is important that anyone who experiences a slip and fall on someone else’s property speaks to a knowledgeable attorney in Valley Stream to determine if the premises manager owed them a duty of care, and to what extent they were owed.
Property Owner’s Knowledge of Hazardous Conditions
In order to prove a slip and fall claim, injured parties must be able to prove that the property owner knew about the dangerous condition and did nothing to fix the problem. This is not always as easy as it may sound.
For instance, if a liquid has been spilled on a restaurant floor. While restaurants do have a duty of care to keep their business in a clean and safe condition to prevent accidents, the liquid only has to be cleaned up within a reasonable amount of time. This is not an exact length of time however, so it will be up to the courts to determine if the owner had enough time to realize the spill had happened and to clean it up.
Owners often state that they did not have enough time to come across a dangerous condition to avoid paying compensation to the injured party. A diligent Valley Stream slip and fall accident legal professional could fight these claims and help prove the property owner should have known about the dangerous condition.
The Statute of Limitations in Slip and Fall Cases
Victims have three years from the date of the incident to file a lawsuit for a personal injury accident. This applies to those that have physical injuries from a slip and fall, as well as those that only have property damage, such as if a laptop was broken during the tumble, for example.
If the claim is not filed within the deadline, the injured party may be unable to recover compensation for damages. It is best to speak to a skilled legal representative in Valley Stream to discuss the specific deadlines for filing their slip and fall case.
Let a Valley Stream Slip and Fall Attorney Help
If you have been injured in a premises liability accident, speak to a Valley Stream slip and fall lawyer as soon as possible. A knowledgeable attorney could advocate on your behalf to help you seek the compensation you need. Call today to get started on your case.