Slips and falls can happen almost anywhere in Queens, from a neighborhood street or a residence in Flushing or Forest Hills to a restaurant in Sunnyside or Long Island City to an exhibit at MoMA PS1. No matter where your slip and fall occurred in Queens, you could be eligible to seek financial compensation by filing a premises liability lawsuit. Premises liability is a broad area of personal injury law in which a property owner or renter (or anyone else in control of the property) can be liable for failing to remedy or warn about obvious dangers on the property that result in serious injuries.
If you or somebody you love got hurt in a slip and fall due to a dangerous condition on another party’s property, a Queens slip and fall accident attorney can speak with you today about filing a claim.
Learning More About Queens Slips and Falls
Serious slip and fall accidents can happen at nearly any location in Queens, from private residences to retail establishments to public parks. The following are some key facts concerning slip and fall accidents from the National Floor Safety Institute (NFSI):
- Slip and fall accidents account for about one million emergency department visits annually;
- Slips and falls account for about 12 percent of all fall-related injuries that require treatment in an emergency department;
- Bone fractures are the most common serious injury in a slip and fall, although people can also sustain traumatic brain injuries (TBIs), contusions, sprains and strains, and other serious harm;
- Slip and fall accidents are the leading cause of missed work days for workers aged 55 and up; and
- Hip fractures are the most serious type of bone fracture in slips and falls, especially for older adults.
Elements of a Queens Premises Liability Lawsuit
What are the elements of a premises liability lawsuit in Queens? In order to be eligible to obtain compensation through a slip and fall lawsuit, which is a type of premises liability claim, you must be able to show the following elements:
- Property owner owed you a duty of care, either because you were lawfully on the property (such as a customer, or as an acquaintance), or because you were a trespasser whose presence was reasonably foreseeable;
- Property owner breached the duty of care by failing to remedy or warn about hazardous conditions on the property;
- Breach of the duty of care caused your slip and fall accident; and
- You sustained damages as a result of the slip and fall accident.
Contributory Negligence in a Queens Slip and Fall Accident
Many people who are injured in slips and falls are concerned about how their own negligence might affect their ability to file a claim and to seek compensation. For example, can you still seek compensation if you were looking at your cell phone to read or send a text at the time of your slip and fall such that you did not notice a hazard? It is critical to know that New York slip and fall victims can still seek and obtain compensation even if they are partially at fault for the accident or the severity of the injuries.
New York’s contributory negligence law allows a plaintiff to obtain damages even if the plaintiff is partially at fault, regardless of whether the plaintiff is 1 percent or 99 percent at fault. The way that New York law makes the damages award fair to the parties is that the plaintiff’s recovery is reduced by her percentage of fault. For instance, if a slip and fall plaintiff is awarded $100,000 but is found to be 20 percent at fault, that damages award would be reduced by 20 percent, and the plaintiff would recover $80,000.
Statute of Limitations for a Queens Slip and Fall Claim
The New York statute of limitations for most slip and fall accident claims in Queens is three years. What this means is that you will have three years from the date of the slip and fall accident to file a lawsuit against the liable property owner. Once that three-year time period runs out, your claim will become time-barred and you will not be able to obtain compensation through a lawsuit. Accordingly, it is essential to get started on your claim as soon as possible with assistance from a slip and fall lawyer in Queens.
Contact Our Slip and Fall Accident Attorneys in Queens
Were you injured in a slip and fall accident on another party’s premises? If the owner or renter of the premises failed to ensure that the property was reasonably safe and free from serious slip and fall hazards, you may be eligible to file a premises liability claim to seek financial compensation for your injuries. Do not hesitate to get in touch with an experienced Queens slip and fall accident lawyer at our firm to learn more about how we can help. Contact the Law Offices of Gary E. Rosenberg, P.C. online or call us today at 718-520-8787 for more information.