Difference Between Slip and Fall and Premises Liability In NYC

New York City’s property owners have a legal obligation to minimize the risk of injury to anyone lawfully on their property. This legal duty of reasonable care applies to private property owners and the owners of commercial properties, such as stores, restaurants, businesses, apartment complexes, and hotels.

If a property owner becomes aware of a safety hazard on their property and neglects to take prompt action to address the risk by placing warning signs and then promptly addressing, correcting, or repairing the problem, they may be held liable for the victim’s injury-related damages through a premises liability claim in NYC. But many injury victims want to know: “Is a slip-and-fall accident case and a premises liability claim the same thing?”

Slip-and-Fall Cases Are a Category of Premises Liability Law In New York City

Premises liability refers to a property owner’s liability for all injuries that occur on their property due to the property owner’s negligence. Compensation in premises liability cases typically comes from the property owner’s liability insurance. Slip-and-fall injury claims are by far the most common of all premises liability cases. A slip-and-fall can occur in many ways, including from the following:

• Wet floors
• Slippery floor surfaces
• Uneven floorboards or cracked tiles
• Loose or rolled carpets and mats
• Insufficient lighting
• Broken stair risers or stair rails
• Cracked or uneven parking lot pavement or walkways
• Icy steps
• Improper floor cleaning products
• Loose gravel
• Clutter or debris

A slip-and-fall accident claim is a type of premises liability claim, requiring the injury victim to show evidence that the property owner was aware of the hazard, neglected their legal duty of care to address or repair it, their negligence caused the injury, and the injury victim suffered economic damages from the injury as well as their physical damages, pain, and suffering.

What Other Types of Premises Liability Claims are Common In NYC?

Injuries occur in many ways when a property owner fails to take adequate measures to maintain their property.  Although slip-and-fall injuries are the most common type of premises liability claim, a property owner may be liable for other types of premises accidents, including the following:

• Pool injuries
• Failure to follow building codes
• Elevator and escalator accidents
• Apartment fires
• Dangerous appliances
• Inadequate security (resulting in an assault, harassment, or stalking)
• Balcony collapses
• Ceiling collapses
• Carbon monoxide poisoning
• Fallen tree injuries
• Toxic exposures

Injuries such as fractures, drownings (or near-drownings) burns, traumatic brain injuries, spinal cord injuries, and electrocutions are common injuries named in New York City premises liability claims.

What Damages are Available In Slip-and-Fall Injuries and Other NYC Premises Liability Claims?

A successful premises liability claim in New York City can recover injury-related damages, such as medical expenses, future medical expenses, lost wages, future income loss, and compensation for pain and suffering. If a premises accident results in catastrophic injuries or wrongful death, additional compensation may be available to the victim or their closest surviving family member.

Do I Need a Lawyer for a Premises Liability Claim?

Proving a property owner’s liability for an injury can be challenging, requiring substantial evidence that the property owner was aware of the hazard and failed to take timely action. The injury victim has the burden of proving their case through evidence, such as photos, videos, copies of previous repair requests, maintenance records, and medical records that show the full extent of their injuries.

A slip and fall lawyer in New York City investigates all aspects of the claim, documents clear evidence of liability and damages, and makes a compelling claim for the maximum compensation available.

The post Difference Between Slip and Fall and Premises Liability In NYC appeared first on Law Offices of Jay S. Knispel Personal Injury Lawyers.